The form of government in the Township of Montgomery is
the Township Form which comprises Chapter 142 to 156A in Title 40
of the New Jersey Revised Statutes. The Administrative Code has been
drafted in conformity with the Township Law and in many instances,
provisions of the Township Law have been restated in the Code. Other
enabling laws pertaining to the Administrative Chapter are N.J.S.A.
40:47-1 et seq., Police and Fire Departments; N.J.S.A. 2A:8-1 et seq.,
Municipal Court; N.J.S.A. 40:55D-69, Zoning Board of Adjustment; N.J.S.A.
40:55D-1, Planning Board; N.J.S.A. 26:3-1 et seq., Board of Health;
N.J.S.A. 40:48-1, Industrial Commission; N.J.S.A. 40:12-1, Recreation
Committee; Environmental Commission, N.J.S.A. 40:48-2 and 40:55D-27.
Other authority to regulate the internal affairs of the Township is
contained in N.J.S.A. 40:48-2.
[New]
All legislative power of the Township, except as provided by
law, shall be exercised by the Township Committee pursuant to law,
and in matters of health by the Board of Health.
[New]
The Township Committee shall organize annually during the first
week in January, at which time it shall elect a Mayor from among its
members. The Mayor shall preside at meetings of the Township Committee
and perform such other duties as the Township Committee may prescribe.
In the absence or disability of the Mayor, the Deputy Mayor shall
act as Mayor.
[New]
The Mayor shall have the power to appoint subcommittees of the
Township Committee with the consent of the Township Committee. He
shall sign and execute documents and agreements on behalf of the Township,
when authorized. He shall have the power to make proclamations concerning
holidays and events of interest in the Township. He shall exercise
the ceremonial power of the Township and every other power usually
exercised by township mayors or conferred upon him by law.
[New]
a.
Regular Meetings. The Township Committee shall meet at such times
and places as are from time to time, determined by the Township Committee
all in accordance with the requirements of the Open Public Meetings
Act.
b.
Special Meetings. A special meeting may be called at any time upon
written request of a majority of the members of the Township Committee
or by the Mayor. The request and call for a special meeting shall
specify the purpose of the meeting and no business shall be transacted
at any special meeting other than that specified. The call for a special
meeting shall be filed with the Township Clerk and shall be served
upon each Committee member as provided by law and such other notice
shall be given as provided by law.
[New]
Matters of procedure not covered in this Code or statute shall
be governed by the By-Laws of the Committee as the same have been
adopted or modified by resolution.
[New]
A majority of the whole number of members of the Township Committee
shall constitute a quorum, and no ordinance shall be adopted by the
Township Committee without the affirmative vote of a majority of the
quorum of the Committee. If a quorum is not present one-half hour
after the appointed time for any meeting, the presiding officer or
the clerk may declare the meeting adjourned.
[New]
The Township Committee shall elect, from among its members,
a Deputy Mayor. In the absence or disability of the Mayor, the Deputy
Mayor shall have all of the powers and duties of the Mayor.
[Ord. #77-327, § 1; Ord. #77-331, S 1; Ord. #00-994,
S 1; Ord. #03-1082, S2]
a.
Office Created. The Office of Township Administrator is hereby reestablished
and created for the Township.
b.
Appointment; Term. The Township Administrator shall be appointed
by a majority of the Township Committee based solely upon the basis
of his or her executive administrative qualifications with special
recognition to his or her actual experience in or actual knowledge
of accepted practices in respect to the duties of this office. The
Township Administrator shall hold office at the pleasure of the Township
Committee.
c.
Removal. The Township Administrator may be removed by a two-thirds
vote of the Township Committee, as provided by law.
d.
Full Time Commitment; Other Duties Allowed. The Township Administrator
shall devote full time to the duties of the office, except that nothing
herein shall prevent the Administrator from also holding any other
appointive office and fulfilling the duties thereof.
e.
Compensation. The Administrator shall receive such compensation as
shall be prescribed by the salary ordinance of the Township.
f.
Powers and Duties. The Township Administrator shall, under the supervision
and control of the Township Committee, to the extent not prohibited
by law:
1.
Study, recommend and implement personnel policies of the Township.
Have authority to inquire into the operation of any department, division,
bureau, office, board or agency of the municipal government.
2.
Study, recommend and implement administrative procedures and policies
of the Township and its departments.
3.
Study, recommend and implement procedures and policies of the Township
and its departments for requisition, purchase, inspection, receipt,
storage, distribution, internal transfer and disposal of, and standards
and specifications and payment for, supplies, materials, and equipment.
4.
Study, recommend and implement procedures and policy of the Township
and its departments for receipt, dissemination, and responses to,
communications and information.
5.
Assign responsibility for departmental duties and coordinate interdepartmental
operations. Recommend concerning the nature and location of public
improvements and coordinate and expedite the execution of public improvements
authorized by the Township Committee.
6.
Study, recommend and implement the procedures and policy of the Township
and its departments for the dissemination and release of public information.
7.
Supervise and engage in Township purchasing activities in accordance with the provisions of subsection 2-2.6 of this Code and the Local Public Contracts Law.
8.
See that all terms and conditions imposed in favor of the Township
or its habitants in other statute, public utility franchise, regulation,
or contract are faithfully kept and performed, and upon knowledge
of any violation, call the same to the attention of the Township Committee.
9.
Prepare and submit the proposed Township budget annually, as requested
to Township Committee, appending thereto a detailed analysis of the
various items of expenditure and revenue and such explanatory comments
or statements as the Administrator may deem desirable.
10.
Be responsible for all aspects of financial management including
certification of bills for their correctness, sufficiency of funds
therefor and proper documentation with respect to such bills.
11.
Study, recommend and implement other financial procedures and policies
of the Township and its departments.
12.
Attend all meetings of the Township Committee, except when excused
therefrom by the Committee with the right to participate in discussions
but without the right to vote.
13.
Keep the Township Committee currently informed of all matters within
its jurisdiction by such reports as deemed advisable or as may be
requested by the Administrator for the benefit of the Township Committee
and the public.
14.
The Administrator shall have the authority to develop a procedure
for the hiring, disciplining and discharging Township employees except
for employees or officers who are tenured or elected and, further,
except for employees who are specifically hired by authority other
than that of the Township Committee. The Administrator shall have
the authority to employ, discipline, suspend or remove an employee,
except as referred to above, for cause. Prior to taking action the
Administrator shall report to the Township Committee of the intention
to take any action referred to above including employing, disciplining,
terminating, and suspending.
15.
All Township departments, except those provided by law to be administered
by authority other than that of the Township Committee, shall be responsible
to the Administrator who shall supervise all appointed department
heads. The Police Department shall not be under the direct supervisory
authority of the Administrator. The Administrator shall, however,
be responsible for financial review of the Department and all purchasing.
16.
Perform such other duties as may be required by the Township Committee.
17.
The Administrator shall, as a regular part of his duty and responsibility
meet with the public, other local government units and agencies of
the State for the purpose of transacting the business of the Township
in accordance with policies as established by the Township Committee
and perform such other duties as may be required by the Township Committee.
18.
Nothing herein shall prevent the Township Administrator from being
appointed as the Police Director and exercising the full authority
of the position.
g.
Limitation on Powers and Duties. Nothing herein shall derogate from
or authorize the Administrator to exercise the powers and duties of
the elected officials of the Township of Montgomery and of the boards
and commissions thereof established pursuant to law.
[Ord. #175; New; Ord. #92-734, S 1]
a.
Township Clerk Office Created, Continued and Confirmed. The office
of Clerk of the Township, heretofore established by appointment of
the Township Committee, is hereby created, continued and confirmed.
b.
Appointment; Term; Vacancy. The Clerk shall be appointed by the governing
body for a term of three years. For the purposes of tenure, the term
of Township Clerk shall be deemed to have begun as of the actual date
upon which a person serving as Township Clerk is appointed. In the
event of a vacancy in the office of Township Clerk, an appointment
shall be made for a new term and not for the unexpired term. A reappointment
of an incumbent Township Clerk made within 60 days following the expiration
of the prior term shall not be considered to be a new appointment
and the effective date of the reappointment shall date back to the
date of expiration of the initial term of the appointment. The governing
body shall appoint a person to a three year term as Township Clerk
within six months after the previous Township Clerk has resigned or
the office has otherwise become vacant. Should the office of the Township
Clerk become vacant, the governing body may appoint a person to serve
as acting Township Clerk for a period of not more than six months.
c.
Duties. The Township Clerk shall:
1.
Act as secretary of the Township and custodian of the municipal seal
and of all minutes, books, deeds, bonds, contracts, and archival records
of the Township. The governing body may, however, provide by ordinance
that any other specific officer shall have custody of any specific
other class of record;
2.
Act as secretary to the governing body, prepare meeting agendas at
the discretion of the governing body, be present at all meetings of
the governing body, keep a journal of the proceedings of every meeting,
retain the original copies of all ordinances and resolutions, and
record the minutes of every meeting;
3.
Serve as the chief administrative officer in all elections held in
the Township, subject to the requirements of Title 19 of the Revised
Statutes;
4.
Serve as chief registrar of voters in the Township, subject to the
requirements of Title 19 of the Revised Statutes;
5.
Serve as the administrative officer responsible for the acceptance
of applications for licenses and permits and the issuance of licenses
and permits, except where statute or municipal ordinance has delegated
that responsibility to some other municipal officer;
6.
Serve as coordinator and records manager responsible for implementing
local archives and records retention programs as mandated pursuant
to Title 47 of the Revised Statutes;
7.
Perform such other duties as are now or hereafter imposed by statute,
regulation or by municipal ordinance or regulation.
d.
Compensation. The Township Clerk shall receive such compensation
as shall be prescribed by the governing body according to law.
e.
Deputy Township Clerk Office Created, Continued and Confirmed. The
Office of Deputy Clerk of the Township, heretofore established by
appointment of the Township Committee, is hereby created, continued
and confirmed.
f.
Appointment; Term; Vacancy. The Deputy Township Clerk shall be appointed
by and shall serve at the pleasure of the governing body.
g.
Duties. The Deputy Township Clerk shall have all of the power and
duties of the Township Clerk during absence or disability of the Township
Clerk and shall also have such other powers and duties as shall be
prescribed from time to time by the governing body.
h.
Compensation. The Deputy Township Clerk shall receive such compensation
as shall be prescribed by the governing body according to law.
i.
Defense and Indemnification. The Township shall provide the Township
Clerk and the Deputy Township Clerk with defense and indemnification
of any action or legal proceeding arising out of and directly related
to the Clerk's or the Deputy Clerk's lawful exercise of authority
in furtherance of their official duties.
[New]
a.
Office Created, Continued and Confirmed. The office of Township Engineer,
heretofore established by appointment of the Township Committee is
hereby created, continued and confirmed.
b.
Qualifications; Appointment; Term; Vacancy. The Township Engineer
shall be a person qualified and licensed to practice professional
engineering in the State and such person shall possess scientific
engineering skill that is necessary to qualify him for personally
performing the duties of such office. Such person shall be appointed
by the Township Committee for a term of one year computed from January
1 of the year in which appointed. Any vacancy in such office occurring
other than by expiration of term shall be filled by the Township Committee
for the unexpired portion of the term.
c.
Duties. The Township Engineer shall perform all of the duties of
an engineering nature pertaining to the office of an engineer of a
municipal corporation, except in particular cases where for special
reasons another engineer is employed and he shall also have such powers
and duties as are conferred or imposed upon him by law or ordinance
or as otherwise specified by the Township Committee.
d.
Compensation. The Township Engineer shall receive such salary or
compensation as shall be fixed and determined by the Township Committee
according to law.
[New]
a.
Office Created, Continued and Confirmed. The office of Township Attorney,
heretofore established by appointment by the Township Committee, is
hereby created, continued and confirmed.
b.
Qualifications, Appointment, Term, Vacancy. The Township Attorney
shall be a person qualified and licensed to practice law in the State.
Such person shall be appointed by the Township Committee for a term
of one year computed from January 1 of the year in which appointed.
Any vacancy in such office occurring other than by expiration of term
shall be filled by the Township Committee for the unexpired portion
of the term.
c.
Duties. The Township Attorney shall perform all duties of a legal
nature pertaining to the office of Township Attorney representing
a municipal corporation, except in particular cases where for special
reasons another attorney is employed. The Township Attorney may also
be the Prosecuting Attorney in the Municipal Court of the Township.
d.
Compensation. The Township Attorney shall receive such salary or
compensation as shall be fixed and determined by the Township Committee
according to law.
[New]
a.
Office Created, Continued and Confirmed. The office of Township Tax
Collector, heretofore established by appointment by the Township Committee
is hereby created, continued and confirmed.
b.
Appointment, Term, Vacancy. The Township Tax Collector shall be a
person qualified as Tax Collector in the State. Such person shall
be appointed by the Township Committee for a term of four years computed
from January 1 of the year in which appointed. Any vacancy in such
office occurring other than by expiration of term shall be filled
by the Township Committee for the unexpired portion of the term.
c.
Duties. The Township Tax Collector shall perform all duties imposed
by law, administrative code, regulation and directive of the Township
and shall file such reports as the Township Committee shall require.
d.
Compensation. The Township Tax Collector shall receive such salary
or compensation as shall be fixed and determined by the Township Committee
according to law. (See N.J.S.A 40A:9-144)
[Ord. #80-389, SS 19; Ord. #03-1082, S 1]
a.
Purpose of Subsection. The purpose of this subsection is to set forth
Township policy in regard to the acquisition of goods, services and
personal property for the Township.
b.
Purchasing Agent. There is hereby established the office of Purchasing
Agent in the Township. The Purchasing Agent shall be appointed by
and serve at the pleasure of the Township Committee. The Purchasing
Agent shall be under the supervision and control of the Township Administrator.
The annual salary for the office of Purchasing Agent shall be determined
from time to time by the Township Committee and shall be paid in accordance
with the provisions of the salary ordinance of the Township.
c.
General Duties of Purchasing Agent. The Purchasing Agent shall have
the authority, responsibility, and accountability for the purchasing
activity for the Township and shall perform the following general
duties:
1.
Establish, with the approval of the Administrator, procedures and
regulations to be used in the orderly administration of the Purchasing
Agent's Office.
2.
Prescribe and maintain such forms as shall be found reasonably necessary
to the operation of the office of the Purchasing Agent.
3.
Act to procure for the Township all State and Federal tax exemptions
to which it is entitled in connection with its purchasing program.
4.
Prepare necessary documents and attend to the procedures required
by law for the sale and disposition of public property. In no event
shall the Purchasing Agent dispose of public personal property or
advertise for the same without the authorization of the Township Committee.
5.
Cooperate with all department heads in obtaining the most advantageous
result for the Township with regard to obtaining goods and services.
6.
Provide information to department heads and other officials concerning
the current status of existing contracts for the purchase of materials,
supplies or equipment together with a statement, when requested, as
to the remaining appropriation available for such contracts.
d.
Purchasing Agent as Township Contracting Agent. The Purchasing Agent
is hereby designated as the Township's Contracting Agent. In the event
no Purchasing Agent has been appointed by the Township Committee or
there is a vacancy, the Township Committee shall designate a department
head or other Township official to serve as Contracting Agent until
a Purchasing Agent is appointed. The Contracting Agent shall perform
the following duties:
1.
Prepare specifications, advertise for bids and receive bids for contracts
exceeding the bid threshold. The Contracting Agent shall assist department
heads and others in reviewing and editing drafted specifications and
bid proposal forms for formal bidding for acquisitions exceeding the
bid threshold. Once technical specifications are drafted, the Contracting
Agent is responsible for integrating the same into formal bid documents
including general and special instructions to bidders and preparing
the proper notice to be advertised by the Township Clerk. The Contracting
Agent shall receive the bids for the provision or performance of goods
and services on behalf of the Township. The Contracting Agent must
obtain the approval of the Administrator prior to commencing the bid
solicitation process.
2.
Solicit quotations, negotiate contracts and award contracts when
contracts do not exceed bid threshold. The Contracting Agent shall
assist department heads and other municipal officials in the solicitation
of informal bids for contracts, the aggregate value of which is below
the bid threshold. The Contracting Agent shall negotiate with vendors
for the supply of goods, services and personal property where the
aggregate value thereof will not exceed the bid threshold. The Contracting
Agent must obtain the approval of the Township Administrator prior
to commencing the above process of informal bid solicitation. The
Contracting agent is hereby authorized to countersign and deliver
contracts where the aggregate expenditure does not exceed the bid
threshold.
(a)
Contracts less than 15% of bid threshold. All contracts that
are in the aggregate less than 15% of the bid threshold may be awarded
by the Contracting Agent without soliciting competitive quotations.
Prior to awarding any such contract, the Contracting Agent must obtain
the approval of the Administrator and the Administrator must countersign
any such contract.
(b)
Contracts below bid threshold but 15% or more of that amount.
For all contracts that are in the aggregate less than the bid threshold
but 15% or more of that amount (except contracts concerning professional
services and work by employees of the contracting unit, as those services
are defined by the Local Public Contracts Law), the Contracting Agent
shall award the contract after soliciting at least two competitive
quotations, if practicable. Contracts for professional services and
work by employees of the contracting unit (as those services are defined
by the Local Public Contracts Law) that are in the aggregate less
than the bid threshold but 15% or more of that amount, shall also
be awarded by the Contracting Agent but the Contracting Agent is not
required to solicit any competitive quotations prior to such award.
The award shall be made to a vendor whose response is most advantageous,
price and other factors considered. If the Contracting Agent does
not recommend acceptance of the lowest response, the Contracting Agent
shall submit a statement to the Administrator detailing the reasons
therefor prior to awarding the contract. Prior to awarding any such
contract, the Contracting Agent must obtain the approval of the Administrator
and the Administrator must countersign any such contract. The Contracting
Agent shall retain the record of the quotation solicitation and shall
include a copy of the record with the voucher used to pay the vendor.
e.
Bid Threshold. The bid threshold shall be the maximum amount permitted by the Legislature by N.J.S.A. 40A:11-3a, as amended from time to time. In the event the Purchasing Agent is qualified pursuant to subsection b of section 9 of P.L. 1971, c. 198 (N.J.S.A. 40A:11-9), by resolution the Township Committee may increase the bid threshold up to the enhanced maximum amount permitted by the Legislature by N.J.S.A. 40A:11-3a, as amended from time to time.
f.
Purchases Exceeding the Bid Threshold.
1.
All supplies and contractual services, except as otherwise permitted
by law or herein, when the aggregate value thereof shall exceed the
applicable bid threshold shall be purchased by formal, written contract
from the lowest responsible bidder, after due notice inviting proposals,
as required by N.J.S.A. 40A:11-1 et seq.
2.
Authorization to publicly advertise for formal bids shall first be
obtained in all cases from the Administrator.
3.
The Contracting Agent shall review bids once received and submit
recommendations as to the award to the Township Administrator. The
Township Administrator shall have the authority to review all such
recommendations with the Contracting Agent prior to formal action.
4.
In the case that the contract exceeds the bid threshold but no formal
bid is required by law or the contract is otherwise excepted from
formal bidding requirements, the Contracting Agent shall assist the
Administrator, department heads and other municipal officials in negotiating
contracts with regard to acquisition in the absence of bidding.
g.
Township Administrator's Purchasing Responsibilities. The Township
Administrator is hereby granted the following authority in regard
to the Township's purchasing:
1.
The Township Administrator is authorized to sign and deliver contracts
where the aggregate expenditure does not exceed the bid threshold.
2.
The Township Administrator is authorized to approve change orders
in regard to minor field (site) modifications in regard to construction
contracts, provided that any such change order does not affect the
overall scope of the work of the contract and shall only result in
minor price increases to the originally awarded contract price.
3.
The Township Administrator is authorized to supervise and approve
emergency purchases and contracts in accordance with paragraph h of
this subsection.
4.
The Township Administrator is hereby delegated the overall responsibility
for overseeing the contracting for goods, services and personal property
in the Township.
h.
Emergency Purchases. Emergency purchases, when the cost or contract
price will exceed the bid threshold, shall be made as follows:
1.
Any purchase, contract or agreement may be made, negotiated or awarded
by the Township Administrator or other officer when authorized by
the Administrator or Township Committee, without public advertising
for bids and bidding notwithstanding that the cost or contract price
will exceed the applicable bid threshold, when an emergency affecting
the public health, safety or welfare requires the immediate delivery
of the articles or the performance of service, providing that the
award or making of such purchase is made in the following manner:
(a)
The officer or department head of the department wherein the
emergency occurred shall initiate the emergency purchase process by
notifying the Township Administrator or the official designated in
accordance with paragraph h1 above, of the need for the performance
of a contract, the nature of the emergency, the time of its occurrence
and the need for invoking the provisions of this paragraph. The notification
shall be reduced to writing, signed by the officer or department head
in charge of the department wherein the emergency occurred and filed
with the Contracting Agent as soon as practicable.
(b)
If satisfied that an emergency exists, the Administrator, or
in his or her absence the official designated in accordance with paragraph
h, 1(a) above, is hereby authorized to award a contract for such work,
materials, supplies or services as may be necessary.
(c)
If practicable, the Administrator, or in his or her absence,
the official designated in accordance with paragraph h1 above, shall
consult with the Chief Financial Officer in each case to determine
that adequate funds are available to meet the costs of such emergency
contracts.
i.
Cooperative Purchasing. The Purchasing Agent shall be responsible
for providing department heads and other municipal officials with
current information concerning cooperative purchasing plans as permitted
by law or regulation. In this connection, the Purchasing Agent shall
be responsible for maintaining information concerning the purchase
of materials, supplies, or equipment under any contract entered into
on behalf of the State of New Jersey by the Division of Purchase and
Property, Department of Treasury or other cooperative purchasing plans
that may be available to the Township. From time to time, the Purchasing
Agent will report to the Township Administrator as to the available
cooperative purchasing opportunities.
j.
Agreements in Conformance with Local Public Contracts Law. All agreements
entered into must be in compliance with the requirements of the Local
Public Contracts Law, N.J.S.A. 40A:11-1 et seq.
[Ord. #80-402, SS 1, 2]
a.
Purpose. The Township Committee finds that economics in the purchase
of work, materials and supplies may be expected through participation
in volume purchasing on behalf of two or more public agencies. It
is, therefore, the purpose of this subsection to achieve such economics
by authorizing the Township to participate in the Somerset County
Cooperative Pricing System pursuant to N.J.S.A. 40A:11-11(5).
b.
Terms and Conditions. The Township hereby agrees with the County
that the purchase of work, materials and supplies for use by their
respective jurisdictions and by such other contracting units as may
lawfully enter into similar agreements shall be accomplished under
the terms and conditions of an agreement between Somerset County and
the municipalities located therein. The Mayor and Township Clerk are
hereby authorized to enter into such agreement, which agreement is
hereby approved and shall be maintained on file in the office of the
Township Clerk.
[Ord. #89-634, SS 1, 2]
a.
Pursuant to the authority and mandate of N.J.S.A. 40A:9-140.10, the
position of Chief Financial Officer for the Township of Montgomery
is hereby created.
b.
The salary of the Chief Financial Officer shall be in accordance
with the annual salary ordinance adopted by the Township Committee
for the Township.
[Ord. #97-888, S 1]
a.
Office Created, Continued and Confirmed. The office of Municipal
Prosecutor heretofore established by appointment by the Township Committee
is hereby created, continued and confirmed.
b.
Qualifications, Appointment, Term, Vacancy. The Township Prosecutor
shall be a person qualified and licensed to practice law in the State.
Such person shall be appointed by the Township Committee for a term
of one year computed from January 1 of the year in which appointed.
Any vacancy in such office occurring other than expiration of term
shall be filled by the Township Committee for the unexpired portion
of the term.
c.
Duties. Pursuant to P.L. 1996, c. 95, § 14, the Township
Prosecutor, under the supervision of the Attorney General or County
Prosecutor may represent the State, County or Township in any matter
within the jurisdiction of the Montgomery Township Municipal Court.
Where the Township Prosecutor is unable to serve as prosecutor with
respect to a particular matter, or in particular cases where special
reasons such as experience in a particular legal area so warrant,
the Township Committee may employ another attorney including but not
limited to the Township Attorney to serve as Township Prosecutor in
the Montgomery Township Municipal Court.
d.
Compensation of Township Prosecutor. The Township Prosecutor shall
receive such compensation as is fixed and determined by the Township
Committee according to law.
[Ord. #98-927, S 1]
a.
Office Created. The office of Municipal Public Defender is hereby
established.
b.
Qualifications, Appointment, Term, Vacancy. The Township Public Defender
shall be a person qualified and licensed to practice law in the State.
Such person shall be appointed by the Township Committee for a term
of one year computed from January 1 of the year in which appointed.
Any vacancy in such office occurring other than expiration of term
shall be filled by the Township Committee for the unexpired portion
of the term.
c.
Duties. The Township Public Defender shall be responsible for handling
all phases of the defense of an indigent defendant, including discovery,
pre-trial and post-trial hearings, motions, removals to Federal district
court and other collateral functions. Where the Township Public Defender
is unable to serve as the public defender with respect to a particular
matter, or in particular cases where special reasons such as experience
in a particular legal area so warrant, the Township Committee may
employ another attorney to serve as Township Public Defender in the
Montgomery Township Municipal Court.
d.
Compensation of Township Public Defender. The Township Public Defender
shall receive such compensation as is fixed and determined by the
Township Committee according to law.
[1]
Editor's Note: Previous ordinances contained herein include
Ordinance Nos. 288, 311, 78-360 and 81-424.
[Ord. #90-681, S 1; Ord. #00-994, S 2; Ord. #01-1033, S 1;
Ord. #02-1056, S 1; Ord. #03-1113, S 1; Ord. #06-1233, S 1; Ord. #08-1283,
S 1; Ord. #13-1447, S 1; Ord. No. 15-1502; amended 5-16-2019 by Ord. No. 19-1615]
a.
Establishment. There is hereby established in and for the Township
a Department of Police Services, also known as the "Police Department
of the Township of Montgomery" or "Police Department."
b.
c.
Civilian employees. The Police Department shall be supported by civilian
employees, including up to two public safety technicians, up to two
administrative assistants, a police records clerk, a secretary, and
a clerk/typist.
d.
e.
Probationary period. All members shall be initially appointed on
a probationary basis. Such probationary members shall be appointed
to serve in a probationary capacity for a period of one year from
the date of appointment except when, pursuant to N.J.S.A. 52:17B-69,
said one-year limit may be exceeded. Probationary members shall not
be considered as regular members of the Department until their appointment
has been made permanent by further resolution of the Township Committee.
[Ord. #90-681, S 1; amended 2-16-2023 by Ord. No. 23-1693]
Pursuant to N.J.S.A. 40A:14-118, the appropriate authority shall
consist of two members of the governing body and shall include the
Mayor, or that person's designee from the membership of the Township
Committee, and a Township Committee member, as appointed by the Mayor
with the advice and consent of the Committee.
[1]
Editor's Note: Former subsection 2-3.3, Police Advisory Board,
previously codified herein and containing portions of Ordinance Nos.
90-681, 96-857 and 96-886, was repealed in its entirety by Ordinance
No. 00-994.
[Ord. #90-681, S 1; Ord. #00-994, S 4]
Special law enforcement officers may be appointed by the Township
Committee, upon recommendation of the Chief of Police, or in his/her
absence, the Police Director, for terms not to exceed one year. Special
law enforcement officers shall have only those duties as are permitted
by law and assigned by the Chief of Police, or in his/her absence,
the Police Director, shall not be members of the Police Department,
and their powers, rights and duties shall immediately cease and terminate
at the expiration of the term for which they were appointed, or upon
revocation of their appointments.
[Ord. #90-681, S 1; Ord. #00-994, S5]
a.
The Chief of Police shall be the head of the Police Department, subject
to such rules, regulations and policies as may, from time to time,
be prescribed by the appropriate authority. The Chief of Police shall
promulgate procedures, directives and orders for the day-to-day administration
and operation of the Department as provided by law.
b.
Where there is a vacancy in the position of Chief of Police, either
due to retirement, resignation, death, termination or dismissal, or
the Chief of Police has otherwise relinquished his or her powers,
functions and duties, the Township Committee may appoint a Police
Director to head the Police Department. Unless otherwise prohibited
by law, the Police Director shall assume and exercise the authority
and responsibilities of the Chief of Police and shall promulgate procedures,
directives and orders for day-to-day administration and operation
of the Department. Without limitation, this authority shall include
the duties and responsibilities established under N.J.S.A. 40A:14-118
and the duties and responsibilities established under this Code. The
authority reserved for the Chief of Police shall be divested from
the Police Director at such time as an individual is appointed to
fill the position of Chief of Police.
[Ord. #90-681, S1]
Salaries and compensation of the members and civilian employees
of the Police Department shall be fixed by ordinance of the appropriate
authority. The per diem or hourly rate of pay for special law enforcement
officers shall be likewise fixed by ordinance.
[Ord. #90-681, S 1; Ord. #00-994, S 6; Ord. #01-1033, S 2]
a.
There is hereby adopted by the appropriate authority, for the purpose
of the orderly administration of the Police Department, rule and regulations
known as "Montgomery Township Department of Police Services Police
Manual, dated July 2, 1999." A copy is on file in the Office of the
Township Clerk and three copies are on file in the office of the Chief
of Police, or in his/her absence, in the office of the Police Director,
and the same are hereby adopted and incorporated as fully as if set
out at length herein. From August 5, 1976, the provisions thereof
shall be controlling. The rules and regulations may be amended and
supplemented by resolution of the appropriate authority.
b.
Such rules and regulations shall be binding upon each member and
civilian employee of the Police Department and all special officers.
Each member and civilian employee of the Police Department, and each
special law enforcement officer shall be presented with a copy of
these rules and regulations together with any amendments thereof or
additions thereto as the same are adopted by resolution of the appropriate
authority.
c.
In the event of any inconsistency between this section and the Rules
and Regulations, the provisions of this section shall control.
[Ord. #90-681, S 1; Ord. #96-868, S 1; Ord. #00-994, SS 7,
8]
a.
No member of the Police Department shall be removed, suspended, or
reduced in rank from or in office, employment or position, or fined,
for political reasons or for any cause other than incapacity, misconduct
or disobedience of the rules and regulations established for the government
of the Department, and then only upon action by the appropriate authority
and written complaint setting forth the charge or charges against
each member, which shall be signed by the person making such charge
or charges. This complaint shall be filed in the office of the Chief
of Police, or in his/her absence, in the office of the Police Director,
and a copy thereof shall be served upon such member with notice of
a designated hearing thereof by the appropriate authority. The hearing
shall be not less than 10 nor more than 30 days after the service
of the complaint; the appropriate authority and the member may agree
to reasonable postponements. The member against whom a complaint is
made shall be given every reasonable opportunity to make any defense
he/she has or chooses to make, at and during the hearing by the appropriate
authority. The appropriate authority shall have the authority to designate
a hearing officer to conduct hearings, receive testimony and other
evidence, compile a list of exhibits and make findings and recommendations
to the appropriate authority. The findings and recommendations of
the hearing officer acting for the appropriate authority shall be
referred to the appropriate authority for final determination by the
appropriate authority based upon the record established by the hearing
officer. The appropriate authority shall have the power and authority
to affirm, reverse or modify the findings and recommendations of the
hearing officer. All determinations of the appropriate authority shall
be final. Review of final determinations may be appealed to the Superior
Court as provided by law.
b.
A complaint charging a violation of the Department's internal Rules
and Regulations shall be filed no later than the forty-fifth day after
the date on which the person filing the complaint obtains sufficient
information to file the matter upon which the complaint is based.
The forty-five-day time limit shall not apply if an investigation
of a member for a violation of the rules and regulations is included
directly or indirectly in a concurrent investigation of that member
for a violation of the original laws of New Jersey, in which case
the forty-five-day limit shall begin on the day after the disposition
of the criminal investigation. The forty-five-day requirement of this
paragraph for the filing of a complaint against a member shall not
apply to the filing of a complaint by a private individual.
The failure to comply with the above provisions as to service
of the complaint and the time within which the complaint is to be
filed shall require a dismissal of the complaint.
c.
In any instance involving a complaint charging a minor infraction
of a rule or regulation, or directive of a superior officer, committed
in the day-to-day operation of the Police Department, the number charged
may, nevertheless, by writing signed by him/her and filed in the office
of the Chief of Police, or in the absence of the Chief of Police,
in the office of the Police Director, admit conduct constituting grounds
for disciplinary action against him/her, and request a waiver of his/her
right to have a written complaint filed and served upon him/her and
to have a hearing thereon by the appropriate authority, and consent
to a summary penalty imposed against him/her by the Chief of Police
or his/her designee, or in the absence of the Chief of Police, by
the Police Director or his/her designee, which penalty shall not exceed
a suspension of more than five working days without pay, provided
further that no such waiver shall be permitted in those instances
wherein there is a likelihood that the penalty as may be imposed would
exceed said suspension penalty.
d.
Anything herein to the contrary notwithstanding, a member of the
Police Department may pursuant to the rules and regulations, be suspended
without pay pending a hearing as a result of the charges made against
him/her, but such hearing, except as otherwise provided by law, shall
be commenced within 30 days after the service of the copy of the complaint
upon him/her, in default of which the charge shall be dismissed and
the member returned to duty. In the event that such charge or charges
shall be dismissed, the member so suspended shall be entitled to receive
all back pay withheld by reason of such suspension.
[Ord. #97-910, S 1]
a.
Where the Township Committee determines that the provisions of N.J.S.A.
40A:14-155 require that the Township provide a means of defense or
reimburse a police officer for legal costs, the hourly rate for which
the Township will be responsible shall not exceed the hourly rate
charged by the Township Attorney for litigation matters.
b.
All statements for professional services submitted by attorneys representing
police officers under this section shall be subject to review and
approval by the Township Attorney and the Township Administrator.
[Ord. #00-994, S 9; Ord. #13-1447, S 2]
a.
Establishment. There is hereby established the administrative position of Police Director which individual shall, subject to the provisions of subsection 2-3.5b of this section, be charged with the duties of supervising and directing the Police Department and such other duties and responsibilities as established by the Township Committee.
b.
Appointment: Term. The Police Director shall be appointed by a majority
of the Township Committee and shall serve at the pleasure of the Township
Committee.
c.
Duties and Responsibilities. The duties and responsibilities of the Police Director, as set forth in subsection 2-3.5b of this section, may be delegated by the Police Director to other members of the Police Department.
d.
Deputy Police Director. There is hereby established the administrative
position of Deputy Police Director. The Deputy Police Director shall
perform the duties of the Police Director, if there be one, in his/her
absence, and shall have such other duties and responsibilities as
established by the Township Committee.
[Ord. #171, S 1; New]
The Board of Health, heretofore established, is hereby created, continued and confirmed. The Township and the Board of Health shall be subject to the provisions of subdivision B of Chapter 3 of Title 26 of the Revised Statutes.
[Ord. #171, S 2; New]
The Board of Health shall consist of seven members who shall
be appointed by the Township Committee for terms of three years each
and all members of the Board shall serve after the expiration of their
respective terms until their successors shall have been appointed
and qualified.
[Ord. #171, S 3]
Any vacancy in the membership of the Board shall be filled by
the appointment by the Township Committee for the unexpired portion
of the term only.
[Ord. #90-656, S 1]
The Township Committee shall also appoint two alternate members
to the Board of Health, who, at the time of their appointment, shall
be designated as "Alternate No. 1" and "Alternate No. 2." The terms
of the alternate members shall be for two years, except that the term
of the alternate members first appointed shall be two years for Alternate
No. 1 and one year for Alternate No. 2. Alternate members may participate
in discussions of the proceedings but may not vote except in the absence
or disqualification of a regular member of the Board of Health. A
vote shall not be delayed in order that a regular member may vote
instead of an alternate member. In the event that a choice must be
made as to which alternate member is to vote, Alternate No. 1 shall
vote first.
[Ord. #77-321; New]
There is hereby created a Board for the making of all assessments
for benefits accruing from local improvements in the Township. The
Board shall have all of the powers and duties and shall function in
the manner provided by law. The Board shall make all assessments for
benefits accruing from local improvements in the manner provided by
law.
[Ord. #77-321, S 2]
The Board created hereby shall consist of five members. Such
members shall be Freeholders of the Township who shall be appointed
by the Township Committee for terms of two years each commencing January
1 of each year or at such time as initial appointments are made hereunder.
The terms of two members shall expire on December 31 of each year.
All members of the Board shall serve after the expiration of their
terms until their successors are appointed and shall qualify.
[Ord. #77-321, S 3]
Any vacancies in the membership of the Board established hereunder
shall be filled by the Township Committee for the unexpired term only.
[Ord. #77-321, S 4]
Township Committee may remove any member for cause, including
excessive absences, on written notice served upon the member and after
a hearing if required held thereon at which the member shall be entitled
to be heard in person and be afforded other due process guarantees.
[New; Ord. #95-834, S 1]
The Township Committee deems it necessary to thoroughly analyze
the economic development of the region and to promote the sound development
of the Township. Further, the Committee deems it in the public interest
to mobilize the potential resources of the Township for efficient,
commercial, office and economic development uses. Therefore, it is
desirable and necessary that a thorough study be made of the basic
economic advantages of the Township and that the economic advantages
thereof be thoroughly understood and promoted so that a program for
managed and selected growth of clean and environmentally desirable
ratables may be realized.
[New]
There is hereby created the Economic Development Commission
for the Township. The Commission shall consist of seven members and
shall have the powers enumerated herein.
[New; Ord. #97-915, S 1; Ord. #02-1076, S 1; Ord. #14-1480]
a.
The members of the Commission shall be appointed by the Mayor, subject
to the approval of the Township Committee.
b.
Each member shall be a resident of the Township, except that up to
three members may be nonresident owners of businesses located within
the Township.
c.
Appointments shall be for a period of three years.
d.
If a vacancy in any term shall occur other than by expiration of
that term, it shall be filled by appointment as above provided for
the unexpired term.
e.
Members of the Commission shall choose from among its membership
a chairman and such other officers as may be deemed necessary.
[New; Ord. #95-834, S 1; Ord. #02-1076, S 2]
The duties of the Commission shall be as follows:
a.
To inquire into, survey and publicize the extent, advantages and
utilities of under-utilized and unutilized existing commercial facilities
and offices, and vacant lands presently zoned for commercial or office
development in the Township.
b.
To study and analyze the various business and economic development
organizations of the nation with a view to ascertaining opportunities
for expansion of environmentally clean and desirable ratables in the
Township.
c.
Subject to the availability of funds and approval of the Township
Committee, to advertise the advantages and opportunities of the Township
and the availability of real estate within the Township for environmentally
clean and desirable ratables and to encourage and accomplish such
uses within the Township.
d.
To seek environmentally clean and desirable businesses to purchase
or lease the vacant lands and property presently zoned for commercial
and office use in the Township.
e.
To recommend to the Township Committee and the Planning Board reasonable
and desirable environmental and developmental restrictions concerning
economic development sites.
f.
To encourage utilization of existing under-utilized or unutilized
buildings and expansion of existing and potential business, office
and commercial uses to the best interests of the Township, consistent
with the Township's Master Plan, its open space policy, and its desire
for environmentally clean and desirable ratables.
g.
Subject to the availability of funds and approval of the Township
Committee, to prepare and disseminate material and data advertising
the advantages of the Township to new business, and commercial entities
as may be anticipated to provide environmentally clean and desirable
ratables.
[New]
The Commission shall receive from all officials, officers and
official bodies of the Township such assistance as may be required
by the Commission in performing its duties, and the Commission shall
have access to all municipal information and records which may assist
it in the performance of its duties.
[New; Ord. #02-1076, S 3]
There shall be appropriated by the Township Committee annually
such sums as may be determined by the Township Committee to be necessary
for the purpose of fulfilling the duties and objectives of the Commission,
the use and expenditure of such funds to be approved by the Township
Committee.
[Ord. #227, S 1]
Pursuant to the provisions of Chapter 245 of the Laws of New
Jersey, 1968, an Environmental Commission, to consist of seven members
is created in the Township.
[Ord. #227, S 2]
The members constituting the Environmental Commission shall
consist of seven members appointed by the Mayor, one of whom shall
also be a member of the Planning Board of the Township. All members
shall be residents of the Township and shall serve without compensation.
The Mayor shall designate one member to serve as Chairman and presiding
officer of the Commission.
[Ord. #227, S 3]
All terms shall be for a period of three years and until the
appointment and qualification of their successors.
[Ord. #90-656, S 2]
The Township Committee shall also appoint two alternate members
to the Environmental Commission who, at the time of their appointment,
shall be designated as "Alternate No. 1" and "Alternate No. 2". The
terms of the alternate numbers shall be for two years, except that
the term of the alternate members first appointed shall be two years
for Alternate No. 1 and one year for Alternate No. 2. Alternate members
may participate in discussions of the proceedings but may not vote
except in the absence or disqualification of a regular member of the
Environmental Commission. A vote shall not be delayed in order that
a regular member may vote instead of an alternate member. In the event
that a choice must be made as to which alternate member is to vote,
Alternate No. 1 shall vote first.
[Ord. #227, S 4; Ord. #90-656, S 2]
The Township Committee may remove any member of the Commission
for cause, on written charges served upon the member and after hearing
thereon, at which time the member shall be entitled to be heard in
person or by counsel.
[Ord. #227, S 5; Ord. #90-656, S 2]
A vacancy on the Commission otherwise than by expiration of
a term shall be filled for the unexpired term in the same manner as
the original appointment.
[Ord. #227, S 6; Ord. #90-656, S 2]
a.
The Environmental Commission shall have power to conduct research
into the use and possible use of the open land areas of the municipality
and may coordinate the activities of unofficial bodies organized for
similar purposes, and may advertise, prepare, print and distribute
books, maps, charts, plans and pamphlets which in its judgment it
deems necessary for its purposes. It shall keep an index of all open
areas, publicly or privately owned including open marshlands, swamps
and other wetlands, in order to obtain information on the proper use
of such area, and may from time to time recommend to the Planning
Board of the municipality plans and programs for inclusion in a municipal
master plan and the development and use of such areas.
[Ord. #227, S 7; Ord. #90-656, S 2]
The Environmental Commission may, subject to the approval of
the Township Committee, acquire property, both real and personal in
the name of the Township by gift, purchase, grant, bequest, devise,
or lease for any of its purposes and shall administer the same for
such purposes subject to the terms of the conveyance or gift. Such
an acquisition may be to acquire the fee or any lesser interest, development
right, easement (including conservation easement) covenant or other
contractual right (including a conveyance on conditions or with limitations
or reversions), as may be necessary to acquire, maintain, improve,
protect, limit the future use of, or otherwise conserve and properly
utilize open spaces and other land and water areas in the municipality.
[Ord. #227, S 8; Ord. #90-656, S 2]
The Environmental Commission shall keep records of its meetings
and activities and shall make an annual report to the Township Committee.
[Ord. #227, S 9; Ord. 90-656, S 2]
The Township Committee may appropriate funds for the expenses
incurred by the Environmental Commission. The Commission may appoint
such clerks and other employees as it may require and as shall be
within the limits of funds appropriated to it.
[New]
There is hereby created a Local Assistance Board to administer
public assistance within the Township to those persons eligible according
to law.
[New]
The Local Assistance Board shall be composed of five persons,
at least one of whom shall be a woman, to be appointed by the Mayor
upon the approval of the Township Committee, all of whom shall serve
without compensation but shall be allowed their necessary and actual
expenses.
[New]
The term of one member of the Local Assistance Board shall in
all instances be for one year only and shall consist of a member of
the Township Committee appointed by the Mayor. The terms of the other
four members shall be for four years. Such terms shall begin on the
1st day of January, and each member shall continue in office until
successor shall be appointed and shall qualify. Any vacancy shall
be filled for the unexpired terms only.
[New]
The Local Assistance Board shall be organized and shall administer
its duties in accordance with the General Public Assistance Law of
New Jersey (N.J.S.A. 44:8-10 et seq.), as the same shall be from time
to time amended and supplemented, together with all lawful rules and
regulations adopted pursuant to such law.
[Ord. #250, S 1; Ord. #85-480, S 1; Ord. #98-929, S 1; Ord.
#99-992, S 1]
There is hereby established in the Township, a Recreation Committee
composed of seven regular members and two alternate members, who shall
be residents of the Township, and who shall be appointed by the Township
Committee. The alternate members shall be designated as "Alternate
No. 1" and "Alternate No. 2." Alternate members may participate in
discussions of the Recreation Committee but may not vote on any issue
before the Committee, except in the absence or disqualification of
a regular member. In the event a choice must be made as to which alternate
member is to vote, Alternate No. 1 shall vote.
[Ord. #250, S 2]
All appointments shall be for a period of three years. Vacancies
shall be filled for the unexpired term only. The members shall serve
until their respective successors are appointed and shall qualify.
[New]
The Recreation Committee shall provide advice and assistance
to the Recreation Director in the planning, coordination, and implementation
of a balanced recreation program for the Township. To this end, a
primary function of the Committee shall be to communicate with Township
residents in various community organizations within the Township and
attempt to involve them in the planning process and assimilate them
into established programs. On a period basis, the Recreation Committee
shall reevaluate the Township Recreation Master Plan and make appropriate
recommendations to the Township Committee.
[Ord. #250, S 7]
The Recreation Committee shall select its Chairman from among
its members and shall organize its activities with the cooperation
of the Township Committee. It may select such other officers from
among its members as it may deem advisable.
[Ord. #250, S 8]
The Recreation Committee may adopt its own by-laws which shall
not be inconsistent with this ordinance and/or the laws of the State
of New Jersey.
[Ord. #144; New]
Any person claiming payment from the Township shall present
a detailed bill of items or demands, certified to be correct, to the
Township Treasurer.
The Treasurer, after obtaining proper certification as to correctness
from an appropriate Township official, and ascertaining the existence
of proper and sufficient appropriations for the payment of the claim,
shall present same to the Township Administrator for approval.
The Township Administrator shall present approved claims to
the Township Committee at a regular public meeting. It shall be the
duty of the Township Clerk to record all approved claims in the official
minutes.
[Ord. #144; New]
It shall be the responsibility of the Treasurer to have checks
prepared for the payment of approved claims, to record the checks
in proper books of account, and to distribute properly signed checks
to claimants. Officials authorized to sign Township checks shall be
designated from time to time by resolution of the Township Committee.
[Ord. #144; New]
Upon receipt of certified time sheets from appropriate officials,
the Treasurer shall be charged with the responsibility of preparing
and signing payroll checks in accordance with the Township Salary
Ordinance. Warrants for payrolls will be presented to the Township
Committee at its regular meeting.
[Ord. #78-351, S 1]
As used in this section:
Shall mean a present or former Township employee, appointee
or official, and shall include Board of Health members, appointees
and officials.
[Ord. #78-351, S 2]
The Township of Montgomery is hereby authorized to provide for
the defense of actions brought against its officials and to indemnify
such officials, all in accordance with N.J.S.A. 59:10-1 et seq.
[Ord. #78-351, S 3]
The Township Committee shall not provide for the defense of
any action if it determines that:
a.
The act or omission was not within the scope of employment or authority;
b.
The act or omission was because of actual fraud, willful misconduct
or actual malice;
c.
The defense of the action or proceeding using public funds would
create a conflict of interest between the Township and the municipal
official;
d.
There exists policies of insurance, either obtained by the Township
or by another, by virtue of which the municipal official is entitled
to a defense of the action in question from the insurer; or
e.
The municipal official has failed to deliver to the Township Administrator
within 10 days of the time he or she is served with any summons, complaint
process, notice, demand, or pleading, the original or copy of such
document, or thereafter fails to cooperate with the Township in the
defense of the matter.
[Ord. #78-351, S 4]
If the Township Committee determines to provide a defense as
authorized hereunder, it may do so by either (1) hiring an attorney
of its choice and paying the same directly, or (2) reimbursing the
municipal official for reasonable attorney's fees expended or obligated
to be expended by such official in the defense of the action.
[Ord. #86-515, S 1]
a.
The Township Committee shall provide for the defense and indemnification
of any actions or claims brought against, or errors or omissions of
the Assessment Search Official, Tax Search Official or Tax Assessor
in the performance of municipal lien, tax and assessment searches
conducted pursuant to N.J.S.A. 54:5-11 et seq. and N.J.S.A. 54:5-18.1
et seq. and in the preparation of certified lists of property owners
pursuant to N.J.S.A. 40:55D-1 et seq. or any employee of official
acting in their stead where such actions, claims, errors or omissions
do not result from actual fraud, willful misconduct or actual malice.
b.
No defense or indemnification as authorized by paragraph a above
shall be provided if:
1.
The Assessment Search Official, Tax Search Official or Tax Assessor,
or employee or official acting in his/her stead fails to deliver to
the Township Administrator within 10 days of the time he or she is
served with any summons, complaint process, notice, demand or pleading,
the original or copy of such document, or thereafter fails to cooperate
with the Township in the defense of the matter; or
2.
There exist policies of insurance, either obtained by the Township
or by another, by virtue of which the municipal official is entitled
to a defense of the action in question from the insurer.
c.
Nothing in this subsection shall be construed as limiting the provisions of and indemnification authorized by subsections 2-11.1, 2-11.3, or 2-11.4 above. Rather, this subsection is intended only to affirmatively identify certain specific circumstances under which indemnification will be provided by the Township.
[Ord. #94-805, S 1]
From time to time, the Township Committee may adopt or amend
by resolution policies permitting the use of certain rooms in the
Municipal Building by certain organizations. The fee for reserving
the use of a room in the Municipal Building, which the Township Committee
permits to be available for use by such organizations, shall be $15
for each date of reserved use. In addition, where the use of the room
necessitates, in the reasonable discretion of the Township Administrator,
the attendance or labor of Township personnel, the Township's personnel
costs shall be reimbursed by the organization at the rate of $7.50/hour
per facility aides and $25/hour per maintenance personnel.
[Ord. #98-957, S 1; Ord. #99-971 S 1; Ord. #03-1118, S 1;
Ord. #05-1192, SS 1, 2; Ord. #10-1369, SS 1, 2]
The government records of the Township of Montgomery shall be
accessible for inspection, examination and copying in accordance with
the Open Public Records Act, N.J.S.A. 47:1A-1 et seq., as amended
from time to time.
a.
Purpose. The purpose of this subsection is to set forth the Township's
fee schedule for obtaining copies of government records and the Township's
special service charges to be assessed in appropriate circumstances.
b.
GOVERNMENT RECORD(S) OR RECORD(S)
SPECIAL SERVICE CHARGE
Definitions. As used in this section:
Shall mean any information subject to public inspection which
is maintained by the Township in written, audio, video, electronic
or other form and as defined by the Open Public Records Act, N.J.S.A.
47:1A-1 et seq.
Shall mean a charge, in addition to the actual cost of duplicating
the government record(s), which shall reflect the expense associated
with extensive use of Township information, technology or resources,
or the extensive clerical or supervisory assistance by Township personnel
necessary to accommodate requests to inspect, examine and/or provide
copies of the record(s), and as defined by the Open Public Records
Act, N.J.S.A. 47:1A-5c and 47:1A-5d.
c.
Fee Schedule. The fees for copies of government records shall be:
1.
Black and White Photocopies of Records.
|
8.5" x 11"
|
$0.05 per page
|
|
8.5" x 14" and larger
|
$0.07 per page
|
2.
Color Printouts.
|
8.5" x 11", 8.5" x 14" and 11" x 17"
|
$1.05 per page
|
3.
Audio Tape Copies: $0.25 per tape.
4.
Compact Disc Copies:
|
$0.15 per disc
|
|
$0.45 per disc with jewel case
|
5.
DVD Copies:
|
$0.30 per disc
|
|
$0.60 per disc with jewel case
|
6.
Maps. Copies of maps may be purchased upon the terms and conditions
hereinafter provided.
(a)
Standard Map Prices.
|
18" x 24"
|
$1.25 per sheet
|
|
24" x 36"
|
$1.65 per sheet
|
|
30" x 42"
|
$2.90 per sheet
|
|
36" x 46"
|
$3.30 per sheet
|
(b)
Tax Map.
|
Set of full size (24" x 36") maps
|
$61.50
|
|
Set of reduced size (11" x 17") maps
|
$11.25
|
(c)
Set of EMS Maps (11" x 17"): $5.
(d)
Digital Map Files. Digital Map Data is available in the following
file formats: CAD, DWG, DXF, DGN, GIS, ESRI, TIFF, MRSID, JPG and
Imagine. Digital map files may be provided on CD and DVD pursuant
to the costs set forth above. Digital map files are also available
for free by e-mail, depending upon the request and overall data file
size, and by direct download from the Township GIS website.[1]
[1]
Not all digital map files are available for direct download
from the Township GIS website.
(e)
Maps Disclaimer. All planimetric and topographic mapping has
been prepared using aerial photogrammetry, data reduction and surveying
control by contractors and subcontractors to Montgomery Township.
Although the contract work required adherence to applicable standards,
inaccuracies are possible. Information should be verified by professional
engineers or surveyors. Montgomery Township makes no guarantee or
representation regarding the accuracy or reliability of any of the
maps and any use of the maps are at the risk of the user. Photographic
features and contour information were prepared from aerial photography
flown originally on April 6, 1996. From time to time, additional aerial
photography may be taken, and the information updated; however, the
Township in furnishing the information makes no representation as
to its accuracy or freshness. The Township's mapping should not be
used as survey data.
7.
All other Records: Actual costs of duplication as charged to the
Township.
d.
Special Service Charges.
1.
A special service charge may be applied by the Custodian of Records
or his/her designee in the following circumstances:
(a)
When the nature, format, manner of collation or volume of a
government record embodied in the form of printed matter to be copied
is such that the record cannot be reproduced by ordinary copying equipment
in ordinary business size; or
(b)
When a request is for a government record in a medium not routinely
used by the Township; or
(c)
When a request is for a government record not routinely developed
or maintained by the Township; or
(d)
When a request for a government record requires a substantial amount of manipulation or programming of information technology by the Township and the cost of such manipulation or programming is not otherwise included in the fee or fees listed in subsection 2-12.2c6(a) through (d); or
(e)
When the request for copying, inspection or examination of a
government record involves an extraordinary expenditure of time and
effort to accommodate.
2.
The special service charge rate for supervisory, programming and/or
clerical services shall be charged per hour and as follows:
(a)
The hourly rate shall be the hourly wage of the employee conducting
the supervisory, programming and/or clerical services as set by the
Township Committee by salary and wage ordinance and/or P.B.A., M.M.E.A.
and/or collective bargaining agreement(s) from time to time.
(b)
The hourly wages of salaried personnel shall be calculated by
dividing the employee's annual salary as set by the Township Committee
by salary and wage ordinance and/or P.B.A., M.M.E.A. and/or collective
bargaining agreement(s) by 26 (weeks) and then dividing that biweekly
pay by the number of hours worked in a biweekly period.
e.
Mail Request. The actual cost of postage will be added to fees when
copies of records are mailed. The requestor will also be required
to pay a $0.25 fee for the cost of the envelope. In the event the
records cannot be mailed in an envelope due to volume, medium or size
of the records, the requestor will also be required to pay the actual
packaging costs.
[Ord. #98-957, S 2; Ord. #03-1118, S 1]
Custom maps may be created and purchased upon the terms and
conditions hereinafter provided:
a.
Hard Copies.
|
Tax Map Information
|
$10 per tax map sheet
|
|
Planimetric Feature Data****
|
$5 per acre
|
|
Topographic Feature Data
|
$5 per acre
|
|
Orthophoto Map
|
$25 per photo plus cost for tax map, planimetric or topographic
data
|
|
Each additional copy
|
$5
|
|
**** Based on tax map acreage of requested properties
|
b.
Digital Maps. The cost for purchasing custom digital maps shall be
$25 per digital file included in the desired area.
c.
In addition to the foregoing fees, the purchase of custom maps shall be subject to the cost of labor necessary to create the map(s). The cost of labor shall be determined in accordance with the applicable special service charge rate set forth in subsection 2-12.2d2.
d.
The Township's creation and sale of custom maps are subject to the disclaimer set forth in subsection 2-12.2c6(e) above.
[Ord. #07-1255, S 2; Ord. #08-1291, S 1]
a.
Fingerprinting. A fee of $5 per applicant shall be charged whenever
the Township Police Department performs the procedure of securing
applicant fingerprint images. This fee shall be in addition to any
fee imposed by law or this Code.
b.
Charges for Use of Special Duty Police Officers and for Police Department
Vehicles.
1.
Special Duty for Police Officers. The hourly rate for such duty shall
be the same as provided for in the Montgomery Township Police Collective
Bargaining Agreement, based on the rate in effect at the time the
services are rendered.
2.
Use of Montgomery Township Police Vehicle. The fee per vehicle per
twelve-hour shift, or any part thereof, shall be $125 in order to
cover fuel costs. The aforesaid rate shall be regularly reviewed by
the Police Department for sufficiency and a report issued to the Township
Committee which may, by resolution, adjust the rate as it deems appropriate.
[Ord. #08-1288, S 1]
a.
In accordance with the rules governing the Township Container Facility,
Montgomery Township households may purchase one car sticker and coupon
for a fee of $40 good for four trips to the Facility. There shall
be no limit on the number of additional coupons households may purchase.
b.
In accordance with the rules governing the Township Container Facility,
Montgomery Township drivers of vehicles bearing commercial tags may
purchase one sticker and coupon for $40 good for one trip to the Facility
per calendar year. Said drivers are limited to one trip to the Facility
per calendar year.
[Ord. #09-1313, S 4; Ord. #10-1352, S 2; Ord. #13-1452]
a.
From time to time, the Township Committee may adopt or amend by resolution
policies permitting the use of the Otto Kaufman Community Center ("Community
Center") or portions thereof by certain individuals and organizations.
Except to the extent of any conflict herewith, any such policies in
effect prior to the effective date of this subsection shall remain
in effect until amended by the Township Committee.
b.
In order to defray maintenance, materials, labor and utility costs
incurred by the Township resulting from use of the Community Center
permitted by paragraph a above, the following fees are hereby established.
1.
Events with Food, Drinks and Other Consumables. There shall be a
fee of $50/hour for use of the Community Center or any portions thereof
for events where food, drinks and other consumables shall be served.
This fee shall be applicable during both business and non-business
hours, which are set forth in the Community Center's Facility Use
Policy.
2.
Personnel. A facility aide shall be required for the entire duration
of any event held at the Community Center outside normal business
hours. The Township's personnel costs shall be reimbursed at the rate
of $75/hour per facility aide.
3.
Gymnasium or program room. There shall be a fee of $20/hour for use
of the gymnasium or program room at the Community Center. This fee
shall be applicable during both business and non-business hours.
[Amended 12-16-2021 by Ord. No. 21-1674; 4-6-2023 by Ord. No. 23-1695; 12-7-2023 by Ord. No. 23-1711]
c.
Any person or organization utilizing the Community Center shall be liable for all loss, damage or injury sustained by any person whatsoever by reason of the negligence or intentional act of the person or organization, its agents, servants, employees or guests. In addition, any person or organization to whom a permit is issued for the use of Community Center shall be required to comply with the same hold harmless and insurance requirements required for parks and recreation facilities as set forth in Section 9-6d of this Code.
d.
Notwithstanding
any other provision of this section, the Recreation Director shall
have the authority to waive or reduce facility reservation fees upon
a finding of financial hardship or upon a finding that the use of
the facility space will not require increased maintenance, labor and
utility costs by the Township.
[Added 12-7-2023 by Ord. No. 23-1711]
[Ord. #10-1352, S 1]
a.
The Recreation Department, from time to time, provides programs and
activities of interest to both Township residents and the public at
large. While such programs and activities are open to the general
public, priority shall be given to Township residents.
b.
In order to defray administrative costs incurred by the Township
resulting from participation in recreation programs and activities
by nonresidents, there shall be a nonrefundable registration fee of
$30 per registrant per program or activity. This fee shall be applicable
to all nonresidents who sign up to participate in programs and activities
provided by the Recreation Department.
[Ord. #10-1354, S 1]
In accordance with P.L. 2009, c. 320, the following fees are
established:
[Ord. #10-1354, S 1]
In accordance with N.J.S.A. 22A:4-14, the following fees are
established for the services provided by a Township official or employee
as a notary public:
[Ord. #11-1400]
Pursuant to N.J.S.A. 40:48-1, a fee of $100 payable to the Township
of Montgomery, is established for the solemnization of a marriage
or civil union by the Mayor or Deputy Mayor as authorized by N.J.S.A.
37:1-13.
[Ord. #84-475, S 1]
This section shall be known and may be cited and referred to
as "Emergency Management Ordinance."
[Ord. #84-475, S 2]
a.
It is the intent and purpose of this section to establish an Emergency
Management Unit that will provide for optimum use of the resources
of the Township for action in coordinating emergency operations.
b.
The office of Emergency Management will be the coordinating unit
for all activity in connection with civil defense, disaster control
and civil preparedness. The Emergency Management Unit will provide
guidance to the departments and agencies of the Township.
c.
This section does not relieve any Township department or agency of
the responsibilities or authority required by State statute or by
local ordinance nor is it intended to adversely affect the work of
any volunteer agency organized for relief in emergencies.
[Ord. #84-475, S 3]
The following definitions shall apply in the interpretations
of this section:
a.
Emergency Management Unit shall mean the emergency services of the
Township in helping to carry out the basic governmental functions
of maintaining the public peace, health and safety during an emergency.
This shall include plans and preparations for protection, relief,
recovery and rehabilitation from the effects of any emergency.
b.
Declaration of a state of local emergency shall mean a proclamation
by the Mayor declaring that a state of local emergency exists, upon
recommendation by and concurrence of the Emergency Management Coordinator,
or his authorized deputy that an emergency has occurred or is imminent
which requires activation of all or part of the Township's emergency
management services.
c.
Emergency Management Coordinator shall mean the person appointed
by the Mayor to coordinate the emergency services of the Township.
d.
Emergency shall mean any unusual set of circumstances which endangers
the health, safety, or resources of the residents of the Township
of Montgomery, and which is or may become too large in scope to be
handled in its entirety by normal operating Township services.
e.
Emergency management forces shall mean the employees, equipment and
facilities of all Township departments, boards, commissions and agencies
and all volunteer personnel, equipment and facilities contributed
by or obtained from volunteer persons, organizations or agencies.
f.
Local emergency shall mean an emergency or the imminence thereof,
which affects the Township but is not so severe as to require action
by the Governor of New Jersey or the County Emergency Management Coordinator
as described in the Emergency Management Act (N.J.S.A. App. A:-9-33
et seq.).
g.
Mayor shall mean the Mayor, Deputy Mayor or the Acting Executive
Member of the Township Committee.
h.
Regulations shall mean to include plans, rules, programs and other
emergency procedures promulgated in accordance with this section.
i.
Volunteer shall mean any person duly appointed by the Township Committee,
or Emergency Management Coordinator and assigned to participate in
emergency management activities, serving without remuneration.
j.
War emergency shall mean a disaster occurring within the Township
as a result of enemy attack or the imminent danger thereof.
[Ord. #84-475, S 4]
a.
The Township Committee is hereby authorized to create an organization
for emergency management, utilizing the existing agencies within the
Township.
b.
The organization shall consist of the following:
1.
The Emergency Management Unit will be under the direction of the
Mayor. The Emergency Management Coordinator shall be the executive
head of the unit. There shall also be such deputies and assistants,
appointed by Coordinator and approved by the Mayor, as are deemed
necessary.
2.
The employees, equipment and facilities of all Township departments,
boards, agencies and commissions which will participate in emergency
management activities.
3.
Volunteer persons, organizations or agencies offering service to
and accepted by the Township without remuneration.
[Ord. #84-475, S 5]
a.
The Mayor. Emergency powers and duties of the Mayor shall be as follows:
1.
The Mayor, upon recommendation by and concurrence of the Emergency
Management Coordinator or his authorized deputy, may issue a written
proclamation that a state of local emergency exists. The proclamation,
duly endorsed by the Emergency Management Coordinator or authorized
deputy or in the absence of both, a member of the Township Committee,
will be filed with the Township Clerk.
During the period that the local emergency proclamation remains in force, the Mayor may promulgate such regulations and take such other action as he deems necessary to protect life and property of residents and to preserve critical resources. Regulations promulgated in accordance with this authority will be given as widespread circulation as possible by available means of communications. The regulations will have the force of ordinances when filed with the Township Clerk, and violations will be subject to the penalties provided in subsection 2-13.9 of this section. Such regulations may include but shall not be limited to the following:
(a)
Regulations prohibiting or restricting the movement of vehicles
or persons to facilitate the work of emergency services forces, to
facilitate the movement of persons, emergency vehicles and equipment
to and from critical areas within and outside the Township.
(b)
Regulations pertaining to evacuation of persons from areas deemed
to be hazardous or vulnerable.
(c)
Regulations which close or regulate the hours of any premise
that is licensed to sell alcoholic beverages or gasoline.
(d)
Regulations that close or regulate the hours of any public place
of entertainment or premises which offer for sale food-stuffs or medicines.
(e)
Such other regulations necessary to preserve public peace, health,
safety and to conserve critical resources.
2.
The Mayor may request aid from contiguous or noncontiguous municipalities
when the emergency is beyond the capabilities and resources of local
emergency management forces. State statutes and mutual aid agreements
shall govern such requests for aid outside assistance.
3.
During the emergency, the Mayor may obtain vital supplies, equipment
and other properties found lacking and needed for the protection of
health, life and property and obligate the Township for the payment
thereof.
4.
The Mayor may, during the emergency, require the services of any
Township officer, employee or official to assist him or the emergency
services forces. All such duly authorized persons rendering emergency
services shall be entitled to the privileges and immunities as may
be provided by State law for other registered and identified emergency
management workers.
5.
The Mayor will cause to be prepared the plan hereinafter referred
to and will exercise his ordinary powers and any special powers conferred
upon him by ordinances of the Township of Montgomery or by any statute
of the State of New Jersey, to this end.
6.
The Mayor will require the Township Committee members to assemble
for a special meeting within 24 hours of the proclamation declaring
the emergency in the Township.
The Mayor will review for the Committee the status of the emergency
and measures taken to restore the public peace.
The Mayor or Committee may request a verbal report from the
Emergency Coordinator and the Chief of Police.
b.
The Coordinator. The Coordinator shall be trained in planning operations
involving emergency management. The Coordinator shall be responsible
to the Mayor and Township Committee in regard to all phases of emergency
management activity. Under the supervision of the Mayor, he shall
plan and coordinate the operation of emergency services activity in
the Township.
His duties shall include but not be limited to the following:
1.
Recruitment and training of volunteer personnel and agencies to augment
existing personnel and facilities of the Township.
2.
Develop an emergency operations center and an operation plan for
its use.
3.
Keep a file of the resources available within the Township both public
and private.
4.
Oversee the agreement by which owners, agencies, boards or organizations
of buildings may allow the use for sheltering persons in an emergency.
5.
Conduct practice operations to determine if emergency plans are efficient
and adequate.
6.
Coordinate all public and volunteer private agencies, boards or organizations
in their planning for emergency operations.
7.
Assume such authority and responsibilities as the Mayor and Township
Committee may require to promote and develop the plan.
[Ord. #84-475, S 7]
A comprehensive emergency operations plan ("The Plan") shall
be adopted and maintained by resolution of the Township Committee.
The plan shall be prepared by the Coordinator and submitted for approval
to the Township Committee.
When the plan is approved, it shall be the duty of all departments
and agencies to perform the functions assigned by the plan and to
maintain the portion of the plan applicable to it in a current state
of readiness at all times.
The Plan shall be considered supplementary to this section and
have the effect of law whenever an emergency is declared by proclamation
locally or by the Governor of the State of New Jersey.
[Ord. #84-475, S 8]
a.
This section is an exercise by the Township of its governmental function
for the protection of the public peace, health and safety. During
an emergency, neither the Township nor agents and representatives
of said Township, or any individual, receiver, firm, partnership,
corporation, association, or trustee, nor any of the agents thereof,
in good faith carrying out, complying with or attempting to comply
with any order, rule or regulation promulgated pursuant to the provisions
of this section, shall be liable for any damage sustained to persons
or property as the result of said activity.
b.
Any person owning or controlling real estate or other premises who
voluntarily and without compensation grants the Township the right
to inspect, designate and use the whole or any part or parts of such
real estate or premises for the purpose of sheltering persons during
an emergency, shall not be civilly liable for the death of or injury
to any persons on or about such real estate or premises under such
license, privilege or other permission, or for loss of or damage to
the property of such persons.
[Ord. #84-475, S 9]
Any person, firm or corporation violating any provision of this
section, or rule or regulations promulgated thereunder, upon conviction
thereof, shall be punished by a fine of not more than $1,000 or imprisonment
in the County jail for a period of not more than six months or both,
in accordance with N.J.S.A. App. A:9-49.
[Ord. #84-475, S 10]
Should any provision of this section be declared invalid for
any reason, such declaration shall not affect the validity of other
provisions or of this section as a whole, it being the legislative
intent that the provisions of this section shall be severable and
remain valid notwithstanding such declaration.
[Ord. #84-475, S 11]
At all times when orders or rules and regulations are made and
promulgated pursuant to this section, they shall supersede all existing
ordinances, orders, rules and regulations insofar as the latter may
be inconsistent therewith. This section is adopted to complement the
New Jersey Emergency Management Act (N.J.S.A. App:9-33 et seq.) and
regulations promulgated thereunder and shall be read and interpreted
in conjunction therewith.
[Ord. #85-483, S 1]
The purpose of this section is to (i) provide for the on-going
monitoring of the development of the affordable housing in the Township;
(ii) provide for the establishment of appropriate mechanisms to ensure
continued occupancy of affordable units by low and moderate income
families; and (iii) maintain flexibility in the development of such
mechanisms to best suit particular developments.
[Ord. #85-483, S 1; Ord. #89-623, S 1; Ord. #90-659, S 1]
a.
There is hereby created the Affordable Housing Committee which shall
be comprised of seven members, one of whom shall be a member of the
Township Committee; one of whom shall be a member of the Planning
Board, one of whom shall be a member of the Township Board of Education,
and four of whom shall be citizens at large. Members of the Affordable
Housing Committee selected from the above-referenced municipal bodies
shall be appointed on an annual basis. Members of the Affordable Housing
Committee selected by the community at large shall be appointed for
three year terms, and at least one of the at large members may be
selected to represent the interests of senior citizens. In addition
to regular members, two alternate members may be selected and shall
be designated as Alternate No. 1 and Alternate No. 2 at the time of
their appointment. The terms of any alternate members shall be for
one year. Alternate members may participate in discussions of the
proceedings but may not vote except in the absence or disqualification
of a regular member. A vote shall not be delayed in order that a regular
member may vote instead of an alternate member. In the event that
a choice must be made as to which alternate member is to vote, Alternate
No. 1 shall vote first.
b.
The members of the Affordable Housing Committee shall select its
Chairperson from among its members and shall organize its activities
in cooperation with the Township Committee.
[Ord. #85-483, S 1]
The Affordable Housing Committee shall perform the following
duties:
a.
Provide advice and assistance to the Township Committee in the planning,
coordination and implementation of affordable housing programs in
the Township;
b.
Supply information to and answer inquiries of developers, low and
moderate income families and other interested persons regarding affordable
housing opportunities in the Township;
c.
Assist developers building affordable housing in the formulation
of eligibility requirements;
d.
Assist developers building affordable housing in the establishment
of mechanisms to be employed to ensure the continued occupancy of
affordable dwelling units by low and moderate income families;
e.
Monitor the development of affordable housing and senior citizen
housing in the Township, identify problems therewith and make recommendations
to the Township Committee for appropriate changes in ordinances and
policies relating to affordable housing as experience may suggest;
f.
Make recommendations to the Township Committee for the establishment
of a priority system for the selection of qualified affordable housing
applicants;
g.
Examine the impact of the development of affordable housing on other
services and facilities in the Township and make recommendations to
the Township Committee concerning appropriate means of upgrading such
services and facilities;
h.
As a minimum, provide an annual written report to the Township Committee
concerning all of the above.
[Ord. #86-518, S 1]
Increasing development in the Township is resulting in the loss
of many patriarch trees and long standing hedgerows. Preservation
of these trees and hedgerows to the extent reasonably possible and
the planting of new trees will enhance the quality of life of residents
of the Township. The Township Committee, therefore, deems it desirable
and necessary, that a committee be formed to provide on-going advice
to Township residents and officials concerning the planting, care
and preservation of shade and ornamental trees.
[Ord. #86-518, S 1]
There is hereby established in the Township a Shade Tree Committee
comprised of seven members who shall be residents of the Township,
and who shall be appointed by the Township Committee.
[Ord. #86-518, S 1]
All appointments shall be for a term of one year commencing
each January 1. Any vacancy in the membership of the Committee shall
be filled by the Township Committee for the unexpired portion of the
term only.
[Ord. #86-518, S 1]
The Shade Tree Committee shall select its Chairperson and Vice-Chairperson
from among its members and shall organize its activities in cooperation
with the Township Committee.
[Ord. #86-518, S 1]
Township Officials and employees shall be available to provide
assistance to the Shade Tree Committee in the performance of its duties,
as enumerated below.
[Ord. #86-518, S 1]
The duties of the Shade Tree Committee are as follows:
a.
On an on-going basis, review the ordinances of the Township and those
of other municipalities and counties, and recommend to the Township
Committee ordinance amendments that will promote the planting, proper
maintenance and preservation of shade and ornamental trees.
b.
Provide advice to the Township Committee concerning the planting,
care, pruning, spraying and, where necessary, removal of shade and
ornamental trees now located or hereafter planted in Township public
rights-of-way.
c.
When requested, provide cost estimates for inclusion in the Municipal
Budget of the work described in paragraph b above and, where such
work is contracted for, provide assistance in the supervision of the
work.
d.
Make information available to residents concerning the planting and
care of ornamental and shade trees on their own properties.
e.
Stimulate community interest in arboriculture through news articles,
planting events and the like.
f.
Locate and map patriarch trees within the Township.
g.
Perform such other duties as may, from time to time, be assigned
by the Township Committee.
[Ord. #86-518, S 1; Ord. #87-566, S 1]
One member of the Shade Tree Committee shall be designated by
the Committee's Chairperson to serve as a liaison to the Township
Planning Board and its site plan and subdivision subcommittees to
assist in their review of development applications. Said liaison shall
make (i) recommendations concerning the preservation of existing plantings
on the development site and (ii) recommendations consistent with the
land development ordinances concerning new plantings to ameliorate
the environmental impact of the development.
[Ord. #86-510, S 1]
Several health care and correctional facilities, including without
limitation, the North Princeton Developmental Center, Training School
for Boys, Skillman, and Carrier Clinic, are located within Montgomery
Township. Successful operation of these institutions is crucial to
the health, safety, welfare and quality of life of the residents of
the Township. The Township Committee, therefore, deems it desirable
and necessary that careful monitoring by the Township of developments
at these institutions occur and that productive working relationships
between these institutions, their administrators and governing agencies,
and the Township develop.
[Ord. #86-510, S 1]
There is hereby established in the Township an Institutions
Committee comprised of nine members who shall be residents of the
Township, and who shall be appointed by the Township Committee.
[Ord. #86-510, S 1]
All appointments shall be for a term of one year commencing
each January 1. Any vacancy in the membership of the Committee shall
be filled by the Township Committee for the unexpired portion of the
term only.
[Ord. #86-510, S 1]
The Institutions Committee shall select its Chairperson and
Vice Chairperson from among its members and shall organize its activities
in cooperation with the Township Committee.
[Ord. #86-510, S 1]
The Committee shall receive from all officials, employees and
official bodies of the Township such assistance as may be required
by the Committee in performing its duties, as enumerated below.
[Ord. #86-510, S 1]
The duties of the Institutions Committee are as follows:
a.
To monitor current conditions and proposed developments at the institutions
in the Township.
b.
To communicate on a regular basis with representatives of the institutions
concerning operations at the institutions and methods for improvement
of those operations.
c.
To communicate with Township residents concerning their questions
about the institutions.
d.
To investigate methods of improving security at the institutions.
e.
To advise the Township Committee concerning the results of its investigation
of the institutions.
f.
To perform such other duties as may, from time to time, be assigned
by the Township.
[Ord. #89-605, S 1]
In the face of increasing development, the preservation of areas
of open space is vital to the provision of recreational opportunities
for the enjoyment of present and future generations of Montgomery
Township residents and to the preservation of Montgomery Township's
rich farming heritage. The Township Committee, therefore, deems it
desirable and necessary that a Committee be formed to aid in the acquisition
of open space in Montgomery Township.
[Ord. #89-605, S 1; Ord. #89-624, S 1]
There is hereby established in the Township the Open Space Committee
comprised of nine members as follows: one member of the Township Committee
to be selected by the Township Committee, one member of the Board
of Education to be selected by the Board of Education, one member
of the Environmental Commission to be selected by the Environmental
Commission, one member of the Recreation Committee to be selected
by the Recreation Committee, one member of the Planning Board to be
selected by the Planning Board and four at-large members who are residents
of the Township to be selected by the Township Committee.
Additionally, two alternate members to the Open Space Committee
shall be selected by the Township Committee from the community at
large. The alternate members shall be designated as "Alternate No.
1" and "Alternate No. 2". The alternate members shall regularly attend
the meetings of the Committee and may participate in all discussions
of the Committee but may not vote on any matter before the Committee,
except in the absence or disqualification of a regular member. In
the event a choice must be made as to which alternate member is to
vote, Alternate No. 1 shall vote.
[Ord. #89-605, S 1; Ord. #89-624, S 1]
The appointments of the representatives from the Township Committee,
Board of Education, Environmental Commission, Recreation Committee
and Planning Board shall be for a term of one year commencing each
January 1. The initial terms of the four at-large members of the Committee
shall be as follows: One member — initial one-year
term; one member — initial two-year term; one member — initial
three-year term and one member — initial four-year
term all commencing as of January 1, 1989. After the completion of
the initial terms, the terms of said at-large members shall be for
four years commencing each January 1.
The appointments of the alternate members shall be for terms
of four years. However, the initial terms of the alternate members
shall be as follows: (1) For Alternate No. 1, the initial term shall
expire on December 31, 1992; and (2) For Alternate No. 2, the initial
term shall expire on December 31, 1990.
Vacancies among the members and alternate members shall be filled
for the unexpired portion of the term only. Members and alternate
members shall serve until their respective successors are appointed
and qualify.
[Ord. #89-605, S 1]
The Open Space Committee shall select its Chairperson and Vice-Chairperson
from among its at-large members and shall organize its activities
in cooperation with the Township Committee.
[Ord. #89-605, S 1]
Township officials and employees shall be available to provide
assistance to the Open Space Committee in the performance of its duties,
as enumerated below.
[Ord. #89-605, S 1]
The duties of the Open Space Committee are as follows:
a.
Make recommendations to the governing body on whether lands proposed
for dedication for stream corridors, general open space or farmland
preservation shall be accepted or approved by the Township Committee.
b.
Seek on behalf of the Township, opportunities for the acquisition
of open space and stream corridors, and for bringing participants
into the Farmland Preservation Program in accordance with priorities
established by the Township Committee.
c.
Interact with other boards, committees, commissions in the Township
in coordinating recommendations for the acquisition of open space
and stream corridors, and the development of Farmland Preservation
Program participants.
d.
Assist, as may be needed, in the implementation of open space, stream
corridor and farmland preservation programs established or approved
by the Township Committee.
e.
Perform such other duties as, from time to time, may be assigned
by the Township Committee.
[Ord. #89-605, S 1]
One member of the Open Space Committee shall be designated by
the Committee's Chairperson to serve as liaison to the Site Plan Committee
and another member as liaison to the Subdivision Committee in their
review of development applications. Said liaisons shall make recommendations
concerning the acquisition of open space.
[Ord. #89-649, S 2; Ord. #91-706, S 1; Ord. #92-733, S 1;
Ord. #94-810, S 1; Ord. #95-828, S 1; Ord. #97-891 S 1; Ord. #00-1017,
S 1; Ord. #01-1025, S 1; Ord. #02-1057, S 1; Ord. #03-1085, SS 1,
2; Ord. #04-1128, SS 1 — 3; Ord. #05-1176, S 1; Ord. #06-1208,
S 1; Ord. #07-1242, S 1; Ord. No. 08-1273, S 1; Ord. #09-1309, S 1; Ord. No. 10-1349, S 1; Ord. #11-1379, S 1; Ord. #12-1404; Ord. #13-1432;
Ord. #14-1463; Ord. No. 16-1536; Ord. No. 18-1564; amended 2-7-2019 by Ord. No. 19-1600; 3-19-2020 by Ord. No. 20-1634]
The purpose of this section is to establish: a) a fee schedule
to defray the cost of operating the Kid Connection kindergarten enrichment
programs; and b) registration requirements and priorities for the
programs.
The following fees, registration requirements and priorities
are hereby established for the Kid Connection kindergarten enrichment
programs:
a.
Kindergarten enrichment options:
b.
Initial Registration Fee. A registration fee of $150 per child will
be required at the time of registration. This is a nonrefundable fee.
c.
Tuition. Tuition payments shall be due and made in 10 equal installments
of $690, due on or before the first day of each month of the school
year, with the first payment due on or before September 1.
1.
For any child enrolled after the start of the program year, the first
month's tuition shall be prorated and due on or before the first day
of attendance. All remaining tuition payments shall be as set forth
above.
2.
If payments are not received by the 30th day of those months, the
child will automatically be terminated from the program and lose his/her
rights to any space in the program or any priority rights.
d.
Termination of Participation in Program for Nonpayment and Late Fees.
If payment is not received by the 30th day of the month, a child may
not be permitted to continue participation in the program unless installment
payments and late fees are made current. If tuition is not received
by the 10th day of the month in which the installment payment is due,
a $25 late fee will be charged; if payment is not received by the
20th day of the month in which the installment payment is due, an
additional $10 will be charged for a total late fee of $35; and if
payment is not received by the 30th day of the month, an additional
$10 for a total late fee of $45 will be charged.
e.
Reenrollment in Program. When a child's registration has, for any
reason, been terminated, in order for a child to be reenrolled in
a program all overdue payments, inclusive of tuition payments and
late fees, shall be brought current and a new $150 registration fee
shall be paid.
f.
Alteration to the Financial Agreement. Following registration and
the signing of the financial agreement, any deletion of days from,
or reduction of hours in a child's registered schedule, or cancellation
from the program, will require payment of a $250 administrative fee.
All changes or cancellations must be submitted in writing.
g.
Returned Checks. In the event a check is returned for nonpayment,
payment thereafter, shall be made by certified check or cash. In addition,
a $20 fee shall be charged in connection with each check returned
for nonpayment.
h.
Termination of Child in Program for Reasons Other Than Nonpayment.
The Township reserves the right to terminate the financial agreement
without a refund, if in the opinion of the Program Director, the child
has developmental, behavioral, health or discipline problems which
cause him/her to harm staff or other program participants or to disrupt
the program.
i.
Permitted Refunds. Except for the $150 registration fee, and the
$25 payment processing fee, a full refund of tuition monies paid may
be given if cancellation is made in writing 30 days before the program
commences (in September) and a replacement can be enrolled. In the
event a replacement cannot be enrolled within 30 days, no refund will
be given.
j.
Release from Installment Payment Schedule. Full installment payments
shall be required unless a thirty-day prior written notice by the
parent or guardian is given of intent to cancel registration. If a
thirty-day written advance notice is given, the remaining installment
will not be due.
k.
Fee for Late Pickup. If a parent or guardian knows that he/she will
be late in picking up his/her child and his/her designated drivers
are unavailable, the parent or guardian should notify the school immediately.
This procedure may only be implemented for emergencies, or unusual
and unforeseen circumstances beyond one's control. This procedure
shall not be implemented for delays resulting from foreseeable circumstances,
such as rush hour traffic, congestion, road work, and business meetings
running over schedule. Lateness which is due to foreseeable circumstances,
or for which no notification is provided, will result in a fee of
$25 for any part of any 15 minutes late and an additional $1 per minute
after 15 minutes.
[Ord. #90-678, S 1]
Increased development in the Township and a shortage of volunteers
strains the abilities of the Fire Departments and First Aid Squad
to provide emergency services to Township residents. The Township
Committee, therefore, deems it desirable and necessary to establish
an Emergency Services Coordinating Committee to facilitate communications
among the agencies providing emergency services in the Township and
coordinate the strategies of these agencies in their long-range planning
to meet facilities and equipment needs.
[Ord. #90-678, S 1]
There is hereby established in the Township the Emergency Services
Coordinating Committee comprised of seven members as follows: One
Fire Commissioner from each of the two fire districts in the Township
to be selected by the Commissioners of the districts; the Fire Chief
of District No. 1; the Fire Chief of District No. 2; the Captain and
President of the First Aid Squad, the Chief of Police or his/her designee,
and one member of the Township Committee as designated by the Mayor.
[Ord. #90-678, S 1]
With the exception of the Commissioners, all appointments shall
be for a term of one year commencing each January 1. The terms of
the Commissioners shall run from April 1 through March 31.
[Ord. #90-678, S 1]
The Police Chief or his/her designee shall be the Chairperson
of the Emergency Services Coordinating Committee, and the Committee
shall select its Vice-chairperson from among its members. The Emergency
Services Coordinating Committee shall organize its activities in cooperation
with the Township Committee.
[Ord. #90-678, S 1]
The Chairperson may invite the Borough of Rocky Hill to appoint
a representative from its Borough Council, First Aid Squad and Fire
Company to attend Emergency Services Coordinating Committee meetings
and provide input on emergency services matters of mutual concern
to the Township and Borough of Rocky Hill.
[Ord. #90-678, S 1]
The Emergency Services Coordinating Committee may seek assistance
from Township officials and employees in the performance of its duties,
as enumerated below.
[Ord. #90-678, S 1]
The duties of the Emergency Services Coordinating Committee
are as follows:
a.
Establish and maintain communications among the various agencies
which provide emergency services in the Township and, in particular,
the Police and Fire Departments and First Aid Squad.
b.
Facilitate the provision of coordinated emergency services in the
Township.
c.
Coordinate the strategies of the respective departments and agencies
providing emergency services in their long-range planning of facilities
and equipment to promote the efficient and effective use of community
resources.
[Ord. #90-693, S 1]
This section shall be known as the "Deferred Compensation Plan"
of the Township of Montgomery.
[Ord. #90-693, S 1]
It is the intent and purpose of this section to:
[Ord. #90-693, S 1]
It is not intended by this section to repeal, abrogate, annul
or in any way impair or interfere with existing provisions of other
laws or ordinances. Except to the extent that same are inconsistent
in which case the provisions of this section shall control.
[Ord. #90-693, S 1]
There is hereby established, in accordance with the provisions
of this section, a Deferred Compensation Plan for the benefit of eligible
employees.
[Ord. #90-693, S 1; Ord. #94-800, S 1]
The Assistant Township Administrator will be responsible
for the coordination of the Deferred Compensation Plan for the Township.
In the absence or disability of the Assistant Township Administrator,
the Finance Director will assume said responsibility.
Shall mean any permanent township employee who:
Shall mean:
A severe financial setback resulting from a sudden and unexpected
illness or accident of a participant or a dependent of a participant,
loss of the participant's property due to casualty, or other similar
extraordinary and unforeseeable circumstances, arising from events
beyond the participant's control.
Financial hardship shall not include the need to send a participant's
child to college, or the desire to purchase a home.
The Township will require substantial documentation as to need
in each case. No other conditions will be defined under the term of
financial hardship. Formal requests under this provision must be made
directly to the Township Deferred Compensation Plan Coordinator identified
herein.
Shall be similar to a savings account for retirement money
that earns greater interest than a regular bank savings account.
Shall be annuities that offer a variety of investment choices,
such as stocks, bonds, money markets, and other options.
Shall mean eligible employees who elect to enroll in the
Deferred Compensation Plan or, in the case of employees who are members
of a collective bargaining unit, when the plan has been made a part
of the collective bargaining agreement.
[Ord. #90-693, S 1]
Montgomery Township will match on a current basis a participant's
contribution into the elected annuity up to a maximum amount to be
no greater than 2% of the participant's total annual compensation
for regularly scheduled hours of work. Any other compensation, including
payment for overtime work, shall not be included in the base from
which the 2% is computed.
[Ord. #90-693, S 1]
[Ord. #90-693, S 1]
a.
A participant shall become vested in the plan with respect to contributions
made by the Township of Montgomery, including earnings from those
contributions, based on his/her years of service as follows:
b.
A participant shall become immediately vested in the plan with respect
to his/her own contributions and earnings from those contributions.
[Ord. #90-693, S 1]
Any employee who elects to participate in the plan shall, for
vesting purposes alone receive credit for previous years of service
as an employee of the Township of Montgomery. However, contribution
will not be made for prior years of service.
[Ord. #90-693, S 1]
a.
Enrollment. After the initial offering of enrollment by the Township,
an eligible employee shall be given the opportunity to enroll in the
plan twice a year.
b.
Change of Contribution. An eligible employee shall be given the opportunity
to change his/her amount of contribution twice a year.
c.
Enrollment/Change Periods. The times reserved to allow new enrollments
or changes in contribution levels shall be the first two weeks of
April and October of each calendar year.
d.
New Employees. At the time of obtaining permanent employment status,
an employee may be enrolled in the plan.
e.
Fund Withdrawals. Death, disability, retirement, or resignation from
employment with Montgomery Township or financial hardship on the part
of a participant, shall be the only cases in which funds may be withdrawn
from the annuity accounts.
f.
Financial Hardship Limitations. Withdrawal of funds shall not be
permitted to the extent the hardship may be relieved by:
g.
Charges:
1.
Participants of the Multi-Fund Annuity Plan shall have an annual
administrative charge and an asset charge levied against their contributions
as set forth in the plan prospectus and/or contract. Asset charges
will depend upon the investment vehicle chosen and will be deducted
from the net asset value.
2.
Withdrawal charges may apply depending upon the time and method of
withdrawal.
3.
There shall be no charge for the transfer of funds between multi-fund
investment vehicles within this plan.
[Ord. #90-693, S 1]
Nothing herein contained shall prohibit the Township from establishing
reasonable rules for administration of the Deferred Compensation Plan.
[Ord. #91-712, S 1; amended 11-1-2018 by Ord. No. 18-1595]
Pursuant to P.L. 1990, Chapter 105, there is hereby established
a service charge for checks or other written instruments tendered
to the Township which are returned for insufficient funds.
Whenever payment on an account owing to the Township is tendered
by check, other written instrument, electronic funds transfer or electronic
payment, which is returned for insufficient funds, stop payment or
other reasons, there shall be a service charge of $ 20 collected and
added to the amount due and owing on the account.
Whenever an account owing to the Township is for a tax or special
assessment, the service charge authorized by this section shall be
included on the list of delinquent accounts prepared for the enforcement
of the lien.
Unless waived by the Chief Financial Officer, all future payments
on the account owing to the Township for which a check, other written
instrument, electronic funds transfer or electronic payment was returned
shall be tendered in cash or by certified or cashier's check.
Checks and other written instruments issued by the Township
shall be valid for a period of 180 days. The phrase "Void after 180
Days" shall be added to the face of all checks and other written instruments
issued by the Township.
[Added 2-20-2020 by Ord. No. 20-1626]
When, pursuant to N.J.S.A. 54:5-29, a municipal taxpayer whose
property is included in a tax sale notice seeks to pay the full amount
advertised in the sale, including any interest on any other delinquencies,
costs, and/or penalties, for the purpose of paying the amount due
and having the property removed from the tax sale, all such payments
must be made in cash, by certified check, cashier's check or by money
order. Personal or uncertified checks will not be accepted.
[Ord. #94-811, SS 1-9; Ord. #96-860, SS 1-3]
a.
Findings. The Township Committee finds that it is in the best interests
of the health, safety and general welfare of the Township of Montgomery
that the existing mutual police aid agreements be supplemented in
order to provide for enhanced assistance by and to Montgomery Township
emergency personnel to effectively deal with emergency situations
both in Montgomery Township and in nearby municipalities.
b.
Inter-municipal Agreement for Mutual Police and Fire Aid Authorized. Pursuant to N.J.S.A. 40:8A-1 et seq., the Township of Montgomery is authorized to enter into an inter-municipal agreement for police and fire aid, a true copy of which is attached hereto and made part hereof as subsection 2-22.1d.
d.
This mutual aid agreement ("agreement") is made and entered into
by and between the Township of Montgomery, County of Somerset, a municipal
corporation of the State of New Jersey, and each other participating
municipality, as hereinafter defined. In consideration of the mutual
promises and covenants contained herein, the parties agree as follows:
1.
CHIEF OF POLICE
EMERGENCY
FIRE CHIEF[2]
PARTICIPATING MUNICIPALITY
REQUESTING MUNICIPALITY
Definitions. As used in this agreement, the following phrases shall
have the following meanings:
Shall mean the Chief of Police or other head of a municipal
police department, or that person's designee.
Shall mean any situation or combination of situations which,
in the opinion of the Chief of Police of a requesting municipality,
requires the assistance of police or fire personnel, or both, from
one or more participating municipalities to protect or promote the
public safety or welfare, or to protect police or fire personnel.
Shall mean the Fire Chief or other head of a municipal fire
department, or that persons' designee.
Shall mean each municipal corporation of the State of New
Jersey which has by ordinance entered into this or a substantially
similar inter-municipal agreement for mutual police and fire aid.
Shall mean a participating municipality which has requested
assistance pursuant to this agreement.
[2]
Editor's Note: It is acknowledged the Township of Montgomery
does not, at the present time, maintain a municipal fire department.
Rather, there are two separate fire districts within the Township
of Montgomery governed by Boards of Fire Commissioners. If and when
the Township of Montgomery establishes a municipal fire department,
the provisions of this agreement shall pertain to that municipal fire
department. Unless the Boards of Fire Commissioners for the fire districts
serving Montgomery Township approve this agreement, this agreement
is not intended to obligate the Boards of Fire Commissioners.
2.
Purpose. It is to the mutual advantage and benefit of the participating
municipalities that each agree to render supplemental police and fire
assistance to any requesting municipality pursuant to this agreement.
3.
Authority. Municipal corporations of the State of New Jersey are
authorized under N.J.S.A. 40A:14-156 et seq. to provide police and
fire assistance outside their territorial jurisdictions. Municipal
corporations of the State of New Jersey are authorized under N.J.S.A.
40:8A-1 et seq. to enter into interlocal services agreements with
other municipalities.
4.
Scope. This agreement shall apply to every instance of fire or police
emergency assistance between participating municipalities.
5.
Inter-Municipal Assistance. The Chief of Police of each participating
municipality is authorized to provide assistance to requesting municipalities,
to the extent possible without endangering persons or property within
the municipality rendering assistance. The members of each police
department and fire department supplying aid shall have the same powers,
authority, rights and immunities of the members of the police department
or fire department of the requesting municipality while providing
assistance to a requesting municipality.
6.
Expenses. Each participating municipality shall assume the costs
and expense of providing its personnel and equipment to the requesting
municipality, except when the requesting municipality receives State
or Federal aid by way of reimbursement. When State or Federal aid
is received by the requesting municipality, each participating municipality
shall certify its costs and expenses to the requesting municipality,
and the requesting municipality shall pay the costs and expenses to
each participating municipality to the extent necessary so that no
participating municipality bears a greater proportion of unreimbursed
costs and expenses than the requesting municipality.
7.
Senior Ranking Officer. When police or fire assistance is requested
pursuant to this agreement, the Chief of Police of the requesting
municipality shall be the senior ranking officer of all members of
any police department rendering assistance, and the Fire Chief of
the requesting municipality shall be the senior ranking officer of
all members of any fire department rendering assistance.
8.
Injury and Death Benefits. Members of any police department or fire
department who suffer injury while providing assistance pursuant to
this agreement, or their legal representative if death results, shall
be entitled to all of the benefits they would have received if injury
or death had occurred in the participating municipality where their
duties are normally performed. The participating municipality where
their duties are normally performed shall provide such injury or death
benefits.
9.
Mutual Aid Operations Plan. The Mutual Aid Operations Plan promulgated
by the Somerset County Chiefs of Police Association, prescribing the
specifics of emergency reciprocal police and fire assistance, is hereby
incorporated by reference without inclusion in this agreement.
10.
Withdrawal from Agreement. Any participating municipality may withdraw
from and terminate its part in this agreement at the end of any calendar
year, provided that notice of its intention to terminate is given
no later than the prior November 12 to every other participating municipality.
Otherwise, the agreement shall remain in force from year to year.
11.
Report to Governing Body. The Chief of Police and Fire Chiefs in
each participating municipality shall annually, as soon after the
end of the calendar year as practicable, furnish their respective
governing bodies summary reports of services rendered and received
under this agreement, along with comments and recommendations.
[1]
Editor's Note: Former Subsection 2-22.2, Award of Contracts
for Goods and Services Exempt from Public Bidding Requirements Whose
Value Exceeds $17,500, was repealed 12-7-2023 by Ord. No. 23-1712.
Prior history includes Ord. No. 03-1084, Ord. No. 03-1111, Ord. No.
13-1430, and Ord. No. 20-1628.
[1]
Editor's Note: Former Subsection 2-22.3, Award of Redevelopment
Agreements Under the Local Redevelopment and Housing Law, was repealed
12-7-2023 by Ord. No. 23-1712. Prior history includes Ord. No. 06-1234.
[Ord. #13-1434; Ord. No. 15-1500; Ord. No. 17-1547]
a.
Program Renewal and Continuation. The Township of Montgomery ("Township")
hereby renews and continues its Government Energy Aggregation Program
("Program"), originally established by Ordinance No. 13-1434 and subsequently
renewed and continued by Ordinance No. 15-1500, in accordance with
the provisions of the Government Energy Aggregation Act, N.J.S.A.
48:3-93.1 et seq. ("Act") and the rules of the New Jersey Board of
Public Utilities, N.J.A.C. 14:4-6.1 et seq. ("BPU rules"). The type
of Program shall continue to be an "Option 2" Government-Private Energy
Aggregation Program, as defined by N.J.A.C. 14:4-6.4 and 6.6, which
provides the procedures that a municipality must follow to solicit
proposals and enter into a contract for the provision of electric
generation service for residential customers (who do not opt-out)
within the municipality's geographic boundaries, and shall continue
to be known as the "Montgomery Community Energy Aggregation" ("MCEA").
The Township shall continue to serve as Lead Agency of the MCEA and
as such, shall manage said Program in accordance with the BPU rules.
b.
Electric Distribution Aggregation Agreement. As Lead Agency of the
Program, and consistent with BPU rules and Ordinance No. 13-1434,
on or about June 6, 2013 the Township executed an Electric Distribution
Aggregation Agreement ("Agreement") with Public Service Electric and
Gas ("PSE&G"), the electric public utility serving customers within
the Township's boundaries. The Agreement covers the working relationship
between the Township and PSE&G during the establishment and operation
of the Program. To the extent necessary, the Township shall renew
this Agreement to ensure its effectiveness during the Program, as
continued herein. Any such renewal of the Agreement shall be in a
form acceptable to the Township and as dictated by the BPU rules.
c.
Soliciting Proposals; Contracting with a TPS. As Lead Agency of the
Program, and consistent with BPU rules, the Township shall solicit
proposals from Third Party Suppliers ("TPSs") interested in supplying
electric generation service to participating customers within the
Township's boundaries under a Round 3 of the MCEA Program, and award
and enter into a master performance agreement for such electric generation
service and energy aggregation services with a TPS, provided that
the price of the most qualified proposal is below the prevailing price
for utility-provided basic generation service and is as reasonably
forecast and estimated by the Township Committee to provide savings
to participants (relative to the utility-provided generation service).
The specifications and resulting contract shall comply with BPU rules
governing same and consistent therewith, the Township shall select
the most advantageous proposal, price and other factors considered.
d.
Effective Period. The authorization provided to the Lead Agency shall
be valid until December 31, 2019 (the "Effective Period"), at which
time the MCEA will be subject to renewal at the discretion of the
Township Committee.
[Ord. #96-873, S 1]
The Township Committee hereby finds:
a.
Despite limited athletic facilities within the Township, thousands
of Township adults and children participate in various youth and athletic
leagues. Through effective coordination of league activities, the
use of these limited facilities can be maximized.
b.
The health, safety and welfare of the children and adults who participate
in league activities and play on Township recreation facilities are
enhanced by:
c.
It is in the best interests of the general health, safety and welfare
of Township residents to promote and expand athletic opportunities
for all Township residents.
The Township Committee, therefore, deems it desirable and necessary
that a panel be formed to coordinate, facilitate and promote adult
and youth athletic activities in the Township.
[Ord. #96-873, S 1]
There is hereby established in the Township the Montgomery Panel
of Leagues for Adults and Youth which shall be known as "Montgomery
P.L.A.Y."
[Ord. #96-873, S 1]
The members of Montgomery P.L.A.Y. shall be the Montgomery Township
Recreation Director, the Montgomery Township Public Works Director,
the Montgomery Township Schools Athletic Director, and one representative
each from the following organizations to be designated by the organization:
Montgomery Township Baseball League, Inc., Montgomery Township Soccer
League, Montgomery Township Basketball League, Montgomery Township
Lacrosse League, Montgomery Township Ice Hockey League, Male Adult
Softball League, Female Adult Softball League, or any successor organization
to the aforenamed organizations. In addition, if subsequent to the
date of enactment of this section, new adult or youth athletic leagues
are established in the Township for sports such as but not limited
to football, which are not included in the aforesaid membership, such
leagues shall also be represented on Montgomery P.L.A.Y. and shall
designate a representative of their organization as aforesaid to be
a member of Montgomery P.L.A.Y. without the need for further amendment
of this subsection.
[Ord. #96-873, S 1]
The Montgomery Township Recreation Director shall serve as the
chairperson of Montgomery P.L.A.Y. The vice-chairperson shall be selected
from among members of Montgomery P.L.A.Y. by the members.
[Ord. #96-873, S 1]
The duties of Montgomery P.L.A.Y. are as follows:
a.
Promote youth and adult athletic activities in the Township;
b.
Facilitate coordination and sharing among different users of athletic
facilities within the Township, including but not limited to fields,
courts, storage space, and concession stands;
c.
Facilitate the sharing of multi-purpose athletic equipment, e.g.,
field lining equipment;
d.
Publicize league programs, special events, and other newsworthy league
items;
e.
Disseminate information concerning program registration, team assignments,
equipment and apparel distribution, fees and event scheduling, including
cancellations and postponements;
f.
Promote safe play through training of managers, coaches, and other
volunteers;
g.
Cooperate with field and facility maintenance and improvement efforts;
h.
Undertake proactive searches for and evaluations of additional athletic
facilities;
i.
Recommend and promote new athletic programs in the Township;
j.
Develop coordinated and fair fund-raising strategies to maximize
contributions and minimize multiple solicitations of potential donors
and conflicts among various leagues.
[Ord. #96-882, S 1]
There is hereby established in the Township, the Board of Fire
Prevention composed of the Chief of Montgomery Volunteer Fire Co.
No. 1, the Chief of Montgomery Volunteer Fire Co. No. 2, one member
of the Commissioners of Fire District No. 1 to be selected by said
Commissioners, one member of the Commissioners of Fire District No.
2 to be selected by said Commissioners, one member of the Township
Committee to be appointed by it, the Township Administrator and one
member of the public to be selected from the business community of
Montgomery by the Township Committee. The Township Committee member
and the public member shall serve for a term of one year commencing
each January 1, or until their successors are appointed and qualified.
The terms of the Commissioner members shall be determined by their
respective Commissions.
[Ord. #96-882, S 1]
The duties of the Board of Fire Prevention are as follows:
a.
Coordinate fire fighting resources between the Fire districts and
fire companies in the Township;
b.
Establish fire prevention education programs for businesses, residents
and schools in the Township;
c.
Provide assistance to the Fire Subcode Official in the review of
development applications for appropriate location of fire hydrants,
underground water storage tanks, fire lanes, and siamese connections,
and appropriate circulation and access for fire fighting equipment;
d.
Investigate new fire fighting and fire prevention technologies, equipment
and other resources and strategies and make recommendations to the
Fire Official and Township Committee concerning their use in the Township;
[Ord. #97-894, S 1]
No insurance company authorized to issue fire insurance policies
in the State of New Jersey shall pay any claim in excess of $2,500
for fire damages to real property located within the Township until
such time as:
a.
Official Certificate of Search. (i) All taxes, assessments and other
municipal liens or charges due and payable appearing on the official
certificate of search shall have been paid either by the owner of
such real property or by the insurance company as provided in N.J.S.A.
17:36-1; and (ii) the insurance company receives an official certificate
stating that there is no demolition required on the property or, alternately,
that the costs of demolition have been paid. If the demolition has
not yet occurred on the date of receipt by the request for execution
of the certificate required by this section, the insured shall provide
on that certificate an estimate of the anticipated costs of demolition.
The insurer on notice to the insured shall pay the anticipated cost
of demolition to the Township which shall hold the funds in an interest-bearing
escrow account in a State or Federally chartered bank, savings bank
or savings and loan association in this State as a guarantee that
the demolition will be accomplished according to law.
Any request, pursuant to this section for an official certificate
of search for municipal liens shall specify that the search concerns
fire-damaged property; or
[Ord. #97-894, S 1]
The Township Committee may by resolution enter into an agreement with the owner of any fire-damaged property situated in the Township to pay in full all delinquent taxes, assessments or other municipal liens by installments pursuant to N.J.S.A. 54:5-19 or for the redemption of a tax sale lien by installment payments pursuant to Article 7 of Chapter 5 of Title 54 of the Revised Statutes of New Jersey, if the Township Committee is satisfied that the claim for fire damages is to be used to restore or improve the fire-damaged property or, alternately, if the full estimated cost of demolition has been paid to the municipality or the damaged structure has been demolished in accordance with law. In the event of such a resolution being adopted, a certified copy of said resolution shall be sent to the insurance company authorizing the insurance company to make full payment on the claim to be insured.
[Ord. #97-894, S 1]
The official certificate of search may from time to time be
altered by the bonded official responsible for preparing such certificates
in order to cancel any error or omissions or to add any municipal
liens or related charges due and payable subsequent to the preparation
of the official certificate.
[Ord. #97-894, S 1]
In the event that an appeal is taken on the amount of any lien
or charge, other than an appeal on the assessed valuation of real
property pursuant to N.J.S.A. 54:3-21, the insurance company shall
issue a draft payable to the court of record, to be held by the court
in an interest-bearing escrow account in a banking institution or
savings and loan association in the State, in an amount totaling 75%
of the full amount of the lien or charge being contested, but not
to exceed the proceeds payable under its insurance policy, and the
insurance company shall issue a draft payable to the Township for
the remaining 25% of the lien or charge being contested, with the
full amount paid by the insurance company to the court and the Township
not to exceed the proceeds payable under its insurance policy pending
termination of all proceedings, at which time such moneys and all
interest accruing thereon at a rate paid on interest bearing accounts
in banking institutions or savings and loan associations in the State
shall be disbursed in accordance with the final order of judgment
of the court.
[Ord. #97-894, S 1]
Any claim on behalf of the Township made in accordance with
the provisions of this section and N.J.S.A. 17:36-8 et seq., shall
be paramount to any other claims on the proceeds of the fire insurance
policy, except the claim of a holder of a mortgage in the fire-damaged
property where the fire insurance policy at the time of the loss listed
the mortgagee as a named insured, in which event the claim of the
mortgagee to the proceeds shall be paramount to the municipal lien
only to the extent of the amount due and payable to the mortgagee
under the mortgage contract.
[Ord. #97-894, S 1]
All fire insurance policies covering property within the Township
issued or renewed after the adoption of this section and the filing
of a copy of this section with the State Commissioner of Insurance
shall be subject to the provisions of this section.
[Ord. #97-909, S 1; Ord. #02-1051]
There is hereby established in the Township the License Appeals
Board comprised of three members as follows: one member of the Board
of Fire Prevention, one member who has experience in or knowledge
of police duties and responsibilities, and a resident of the Township
who may, but need not, be an official or employee of the Township.
[Ord. #97-909, S 1]
The appointments of all members shall be for terms of one year
commencing each January 1. The Township Committee shall make all appointments.
[Ord. #97-909, S 1]
The License Appeals Board shall select a Chairperson and a Vice-Chairperson
from among its members. The presence of two members shall constitute
a quorum of the License Appeals Board.
[Ord. #97-909, S 1; Ord. #99-974, S 2]
The powers of the License Appeals Board are as follows:
[Ord. #97-913, S 1]
The owners of Princeton Airport and the Township of Montgomery
entered into a Settlement Agreement which, among other things, provided
for the creation of an Airport Advisory Committee and is binding upon
the parties' heirs, successors and assigns. The Township Committee,
therefore, deems it necessary and appropriate to establish the Airport
Advisory Committee in accordance with the Settlement Agreement.
[Ord. #97-913, S 1]
As used in this Section 2-27:
Shall mean Princeton Airport, a general aviation airport
located within the Township;
Shall mean the owners of Princeton Airport and shall also
mean any successor entity to Princeton Aero Corp.
Shall mean the agreement in settlement of litigation dated
May 16, 1996 between the Township of Montgomery and Princeton Aero
Corp., a true copy of which is maintained in the office of the Township
Clerk, together with any amendments thereto.
[Ord. #97-913, S 1]
There is hereby established in the Township the Airport Advisory
Committee which shall be comprised of seven members. In accordance
with the Settlement Agreement, Princeton Aero Corp. and Township Committee
shall each appoint one resident of the Township living within five
miles of the Airport, one resident of the Township living within one
mile of the Airport and one person, not necessarily a resident of
the Township who has demonstrated broad familiarity with general aviation.
The aforesaid six members shall choose as the seventh member any citizen
of the State of New Jersey who has demonstrated leadership ability
and the willingness to work on cooperative problem resolution. The
Airport Advisory Committee shall annually select its Chairperson and
Vice-Chairperson from among its members, and to the extent reasonably
possible, the holders of these positions shall alternate between the
appointees made by Princeton Aero Corp. and those made by the Township.
[Ord. #97-913, S 1]
Except for initial terms, the terms of all members shall be
three years. Initially, one of the three members appointed by Princeton
Aero Corp. and one of the three members appointed by the Township
shall serve for a period of one year; and one of the three members
appointed by Princeton Aero Corp. and one of the three members appointed
by the Township shall serve for a period of two years. Upon appointment,
Princeton Aero Corp. and the Township shall designate which of their
representatives shall serve for the initial one and two year terms.
All appointments, including initial appointments shall be effective
January 1 of the calendar year in which made.
[Ord. #97-913, S 1]
Meetings of the Airport Advisory Committee shall be held on
an "as needed" basis, but initially, shall be held quarterly. All
meetings shall be open to the public, and minutes shall be kept of
the Airport Advisory Committee's meetings. It is unnecessary to provide
sound recordings or verbatim transcripts of the meetings. Meetings
shall be held in a location convenient to citizens of the Township
such as the Airport or Municipal Building. Notice of date, time and
location of meetings shall be provided by listing with the Township
Clerk, and posting on bulletin board in the Municipal Building where
such notices of public meetings are customarily posted. A quorum of
the Airport Advisory Committee consists of at least two members appointed
by Princeton Aero Corp. and two members appointed by the Township.
All actions of the Airport Advisory Committee shall be taken by a
majority vote of the quorum present for the meeting, and all votes
shall be recorded in the minutes.
[Ord. #97-913, S 1]
A member who fails to attend three consecutive meetings shall
be considered to have resigned from the Airport Advisory Committee,
unless that member can demonstrate good cause to the reasonable satisfaction
of a majority of the remaining members of the Airport Advisory Committee
for the member's absences. A member of the Airport Advisory Committee
may also be removed by his/her appointing authority for cause. Any
vacancy not created by expiration of term shall be filled for the
unexpired term in the same manner as the original appointment.
[Ord. #97-913, S 1]
The duties of the Airport Advisory Committee are:
a.
To review and make recommendations concerning the Airport's General
Operating Rules and Facility Management Standards as set forth more
fully in Sec. 11.02 of the Settlement Agreement;
b.
To review and make recommendations concerning standards for pilot
discipline as set forth more fully in Sec. 11.02 of the Settlement
Agreement;
c.
To serve as a forum to hear and evaluate any issue brought before
the Airport Advisory Committee, and to develop by-laws and procedures
for addressing any such issues as set forth more fully in Sec. 11.02
of the Settlement Agreement;
d.
To address complaints and comments as set forth more fully in Sec.
11.03 of the Settlement Agreement;
e.
To participate in a Pilot Discipline Program as set forth more fully
in Sec. 11.04 of the Settlement Agreement;
f.
To review noise abatement plans as set forth more fully in Sec. 11.06
of the Settlement Agreement;
g.
To file an annual report with Princeton Aero Corp. and the Township
concerning its activities for the previous year;
h.
To perform such other tasks as may, from time to time, be jointly
requested by Princeton Aero Corp. and the Township.
[Ord. #03-1093, S 1]
The Township Committee hereby finds that it is in the interests
of the health, safety and welfare of the residents of Montgomery Township
to establish an Agricultural Advisory Committee as authorized by N.J.A.C.
2:76-17.4. The creation of an Agricultural Advisory Committee enables
the Township to obtain farmland preservation planning incentive grants
for the purpose of preserving significant areas of reasonably contiguous
farmland that will promote long term economic viability of agriculture
as an industry in Montgomery Township.
[Ord. #03-1093, S 1; Ord. #06-1239, S 1]
There is hereby established in the Township the Agricultural
Advisory Committee. The Agricultural Advisory Committee shall be comprised
of five members, who shall be residents of Montgomery Township. At
least three of the members shall be actively engaged in farming and
own a portion of the land they farm. Members of the Agricultural Committee
shall be appointed by the Mayor with the consent of the Township Committee.
On an annual basis, the Mayor may appoint, with the consent of the
Township Committee, a member of the Governing Body to serve as a liaison
to the Agricultural Advisory Committee. The appointed liaison shall
have no voting power and shall serve as an advisor to the Committee.
In addition, on an annual basis, the Mayor may designate other interested
persons, who may or may not be residents, to serve as advisors to
the Committee. Such advisors shall have no voting power.
[Ord. #03-1093, S 1; Ord. No. 06-1239, S 1]
The terms of the members appointed as of January 1, 2007 shall
be distributed as follows: one member for a term of one year; two
members for terms of two years; and two members for terms of three
years. Thereafter, the term of each member shall be for three years.
[Ord. #03-1093, S 1; Ord. No. 1239, S 1]
The Agricultural Advisory Committee shall select a Chairperson
and Vice Chairperson from among its members. The presence of three
members shall constitute a quorum of the Agricultural Advisory Committee.
The Committee shall set its meeting schedule as required to conduct
its business.
[Ord. #03-1093, S 1; Ord. #06-1239, S 1]
The Agricultural Advisory Committee shall:
a.
Identify project areas of multiple farms that are reasonably contiguous,
make recommendations regarding their eligibility and desirability
for planning incentive grants to the Planning Board, and provide such
other information required to complete grant applications.
b.
Assist with the preparation and maintenance of the Farmland Preservation
Plan Element of the Township Master Plan.
c.
Become familiar with grant opportunities available through government
agencies and other sources; and assist the Township and members of
the farming community with identifying those grant opportunities for
which they may be eligible.
d.
Provide the Township Committee, the Planning Board and the agricultural
community with advice and assistance on issues relating to farmland
preservation, the furtherance of the goals and objectives of the Farmland
Preservation Plan and the development of the agricultural industry
in Montgomery Township, to include, but not be limited to, the following:
1.
Organize a communication network among members of the agricultural
community and other interested people;
2.
Keep informed of Federal and State legislation that affects farming
operations and advise the Township Committee and the farming community;
3.
Advise the Township Committee of the effects of various issues, including
zoning regulations, on the farming community with a view toward ensuring
farmer friendliness;
4.
Facilitate, as necessary, the interaction of members of the agricultural
community with Township officials;
5.
Alert members of the agricultural community to educational opportunities;
6.
Conduct forums to inform and bring together members of the agricultural
community; and
7.
Monitor the supply of land available for farming and attempt to connect
owners of land with farmers.
e.
Perform other agricultural related tasks as requested by the Township
Committee or Planning Board.
f.
Perform any other related task that may be authorized by Subchapter
17, Planning Incentive Grants of N.J.A.C. 2:76, or successor regulation.
[Ord. #06-1239, S 1]
A vacancy in membership occurring otherwise than by expiration
of term shall be filled for the unexpired term only.
[Ord. #05-1202, S 1]
There is hereby established the Montgomery Township Landmarks
Preservation Grant Program.
[Ord. #05-1202, S 1]
As used in this section, the following words and phrases shall
have the following meanings:
Shall mean the owner of an eligible structure.
Shall have the same meaning as set forth in paragraph b1 of subsection 2-29.4 below.
Shall have the same meaning as set forth in paragraph a of subsection 2-29.4 below.
Pursuant to N.J.S.A. 40:10B-3, a cemetery not owned by the
state, a county, municipality, or religious corporation or association,
in which are interred the remains of prominent citizens or residents
of the state or of the Colony of East Jersey or the Colony of West
Jersey, or veterans of the Colonial Wars, the War of Independence,
the War of 1812, the Mexican-American War, the Civil War, the Spanish-American
War, or World War I, in which not more than 10% of the interments
have been made after 1880, in which no interment has been made for
50 years, and for which no funds are available for regular maintenance
or preservation.
[Added 12-2-2021 by Ord.
No. 21-1673]
Shall have the same meaning as set forth in section 16-13 of this Code.
Shall have the same meaning as set forth in section 16-13 of this Code.
Shall refer to the Landmarks Preservation Commission created by section 16-13 of this Code.
Shall mean the Montgomery Township Landmarks Preservation
Grant Program established by this section.
Shall have the same meaning as set forth in paragraph b2 of subsection 2-29.4 below.
Shall have the same meaning as set forth in section 16-13 of this Code.
[Ord. #05-1202, S 1]
The preservation of historic sites and historic districts within the Township is vital to the education of the Township's residents and continuity of the Township's rich heritage. Property owners who have allowed their structures to be designated as an historic site or included within an historic district in accordance with section 16-13 of this Code have also voluntarily agreed to subject themselves to an additional level of review before they undertake any additions, alterations or replacements of their structures. The program is intended to offset the cost of the repair, preservation and restoration of the existing historic features of these structures. Through the provision of financial incentives and assistance to the owners of structures of historic sites or structures within historic districts, the Township promotes the continued preservation of these historic sites and historic districts.
[Ord. #05-1202, S 1]
a.
Structures Eligible for Funding; Exceptions.
1.
Structures that have been designated as historic sites or included within historic districts in accordance with section 16-13 of this Code are eligible for the program.
2.
Structures that have been designated as historic sites or included within historic districts in accordance with section 16-13 of this Code and that are owned by Township employees and members of the Landmarks Commission, Township Committee, Planning Board and Zoning Board are not eligible for the program.
b.
Projects Eligible for Funding.
2.
Only the cost of the materials to be used to undertake an eligible
project, including but not limited to roofing, flashings, gutters,
windows, siding and trim materials, will be eligible for funding through
the program. Depending upon the availability of funds and competition
among eligible owners, grants may be awarded for some, all, or none
of the requested sums.
c.
Historic cemeteries eligible for funding; exceptions.
[Added 12-2-2021 by Ord.
No. 21-1673]
1.
An historic cemetery not owned by the state, a county, municipality,
or religious corporation or association, and for which no funds are
available for regular maintenance or preservation are eligible for
grants up to $500 per year.
2.
An historic cemetery owned by the state, a county, municipality,
or religious corporation or association, or historic cemeteries for
which funds are available for regular maintenance or preservation
are not eligible.
[Ord. #05-1202, S 1]
a.
Grant Applications. The Landmarks Commission will accept applications
from eligible owners on an annual basis and in accordance with the
following:
1.
Applications will first be evaluated for eligibility and completeness.
2.
Each application shall contain sufficient information to ensure that
the Landmarks Commission is able to conduct an adequate and thorough
review.
3.
Incomplete applications will not be eligible for review.
4.
Applications shall be on forms provided by the Landmarks Commission
and must in all cases contain at least:
(a)
A statement of the significance and condition of the eligible
structure.
(b)
A description, justification and statement of need for the project.
(c)
Cost estimates for the reimbursable materials.
(d)
Photographic and other documentation.
(e)
A schedule for project completion.
(f)
The names and addresses of all owners of the structure for which
the grant is requested.
b.
Criteria for Review and Ranking of Grant Applications.
1.
To determine priority for grant funding, all applications for eligible
projects for a given year shall be ranked on the basis of the following
competitive criteria:
(a)
Historic Importance. Historic importance or significance, which shall involve consideration of the degree to which an eligible structure is historically, archaeologically or culturally significant in the Township, under the evaluation criteria for the designation of historic sites and historic districts under subsection 16-13.15 of this Code.
(b)
Impact on Neighborhood. Impact of the project on the neighborhood
and community, including the potential of the project to promote investment
in and/or awareness of cultural and historic assets.
(c)
Urgency for Repair. The physical condition of the eligible structure,
including but not limited to deterioration requiring stabilization
and/or imminent threat of the loss of historic elements.
(d)
Overall Quality of Project. The overall quality of the project,
including but not limited to the following:
(1)
The historic accuracy of the project;
(2)
The authenticity of the materials to be used in completing the
project;
(3)
The project's preservation of existing historic elements;
(4)
A realistic and feasible budget for the reimbursable materials;
and
(5)
A realistic and feasible schedule for the project.
(e)
Impact of Grant on Project. The degree to which the grant will
have a material impact on the viability of the project.
2.
In determining the priority for grant funding, there shall be a value
accorded to each of the five foregoing criteria. The weight accorded
to each criterion for any given year shall be established by the Landmarks
Commission and made available to eligible owners before the receipt
of applications for that year.
c.
Awards and Project Agreements.
1.
The Landmarks Commission will make recommendations for a grant or
grants based on the applications and the availability of funds.
2.
The Township Committee will review the Landmarks Commission's recommendations
and determine whether to accept the Landmarks Commission's recommendations
and make the award(s).
3.
Each successful applicant, if any, will be required to execute a
Project Agreement with the Township Committee outlining the respective
responsibilities of the parties and in particular, the amount of the
grant, the project completion date and the scope of the project.
4.
Funding will be made available to a successful applicant upon the
successful applicant's completion of the work in accordance with the
Project Agreement and submission to the Landmarks Commission evidence
that the project has been completed as agreed, and thereafter upon
the Landmarks Commission's verification that the project has been
completed as agreed.
[Ord. #05-1202, S 1]
The provision of funding as described in this section is subject
to the Township Committee's annual appropriation of funds for the
program.
[Ord. #06-1211, S 1]
There is hereby established in the Township of Montgomery an
Employee Efficiency Incentive Program (Program), the purpose of which
is to enhance municipal services, save taxpayer money, enhance municipal
employee morale, and to secure for the Township of Montgomery and
its taxpayers the maximum benefit from the conservation of Township
resources. The Program recognizes that the employees of the Township
represent an unlimited source of ideas for better ways to serve the
public. Monetary awards are intended to offer a significant efficiency
incentive for employees to become involved in the creative process
and to amplify the capabilities of management. The Program recognizes
that every employee will, by identifying problems and providing possible
solutions, become in a very real sense a part of the creative management
team of the Township. This Program is subject to ongoing review and
monitoring as to its administrative costs and effectiveness; and may
be modified or terminated.
[Ord. #06-1211, S 1; Ord. #09-1319, S 1]
a.
Cost savings/cost avoidance refers to the actual monetary savings
(i.e., reduction in spending within a departmental budget) generated
by reason of an employee suggestion; provided, however, that the decreased
expenditure does not result in a diminution of Township services or
create a greater adverse environmental impact than the original procedure.
b.
A suggestion is a definite, constructive, original idea or a new
application of an existing idea or procedure, submitted in writing
by one or more eligible Township employees, which is intended to increase
productivity, conserve Township resources, increase efficiency, and
reduce Township costs. Increases in revenue resulting from increasing
existing fees will not be considered eligible as suggestions under
the Program.
c.
Eligible employees are all Township employees, whether full-time
or part-time (with the exception of Department Heads, including the
Township Administrator, for whom there is a separate Program) are
eligible to submit suggestions. There is no limit to how often an
employee or group may receive an award, but each suggestion may result
in only one award. Employees may nominate other employees for suggestions
submitted by those other employees; such nominations will only be
accepted from Township officers or employees.
d.
Savings Amount. In order to be eligible for an award, the cost savings
or cost avoidance must result in actual dollar savings of at least
$1,000 during the first year after implementation of the suggestion.
e.
Award. Employees whose suggestions result in actual dollar savings
or cost avoidance of at least $1,000 during the first year of implementation
shall receive 20% of the actual dollar savings for that year; provided,
however, that no award, individual or joint, shall exceed $10,000.
The Program shall be organized so that to the greatest extent practical,
all award payments shall be made in full during the month of December,
or as soon thereafter as possible. In the case of a suggestion jointly
submitted by two or more employees, the award will be divided equally
among the member employees. Although suggestions may and should be
submitted at any time during the year, it is the intent of the Township
to distribute award payments during December. In the event a particular
suggestion results in actual dollar savings in excess of $1,000 prior
to the expiration of the one-year period after implementation, the
Township Committee, in its sole discretion, may determine to pay all
or part of the 20% prior to December.
[Ord. #06-1211, S 1]
a.
Name. In accordance with N.J.S.A. 40A:5-31, the official name of
the Efficiency Incentive Committee is the Public Employees' Awards
Committee. The Committee shall be commonly known as the Efficiency
Incentive Committee.
b.
Membership. The Efficiency Incentive Committee shall consist of five
persons who are officers, employees, or members of the Governing Body
of the Township. Two shall be appointed for terms of three years,
two for two years, and one for one year, and thereafter appointments
shall be made for terms of three years.
c.
Appointments. The members of the Efficiency Incentive Committee shall
consist of:
1.
One member of the Township Committee appointed by the Mayor.
2.
Two Department Heads appointed by the Township Administrator.
3.
Two non-Department Head staff from different departments appointed
by the Township Administrator.
The Chief Financial Officer shall be an ex officio member with
no vote.
d.
Authority. The Efficiency Incentive Committee shall function as provided in N.J.S.A. 40A:5-31 and shall adopt and promulgate rules and regulations, and amend them from time to time as may be necessary, for the conduct and operation of the Program. The rules and regulations shall be consistent with the requirements and purposes of this section 2-30 and shall be as deemed necessary and appropriate for the proper administration of this Program. Copies of the rules and regulations will be available to all employees in the office of the Township Clerk and/or may be placed on the Township's web site.
e.
General Procedures of the Efficiency Incentive Committee. The Efficiency Incentive Committee shall establish procedures which will encourage participation in the Program, and will schedule regular meetings in order to review suggestions which have been received. Although the Efficiency Incentive Committee may establish specific methods for rating suggestions and may consult with various experts or other individuals to assist in its assessment, evaluation and determinations concerning suggestions shall be based upon the criteria set forth in this section 2-30. Upon completion of review by the Efficiency Incentive Committee, its recommendations shall be submitted in writing to the Township Committee for final determination with respect to award recipients. Such determinations shall be within the sole discretion of the Township Committee and shall be final.
[Ord. #06-1211, S 1]
All monetary awards granted pursuant to the Employee Efficiency
Incentive Program will be charged to the budget of the department(s)
which benefit from the adopted suggestion(s).
[Ord. #06-1211, S 1]
The Employee Efficiency Incentive Program shall not be construed
to change or otherwise modify the terms of any collective bargaining
Agreement existing between the Township of Montgomery and any duly
organized employee union.
[Ord. #06-1211, S 1; Ord. #09-1319, S 2]
It is anticipated that Department Heads will demonstrate leadership
in the development of realistic budget proposals, and will encourage
their staff to remain vigilant with respect to cost savings, cost
avoidance and increased efficiency throughout the year. Department
Heads shall be eligible for awards based upon the actual funds, as
determined by the Township Committee at the end of the first fiscal
year of implementation, that were not expended as the result of savings
and/or efficiencies generated in one or more departments, whether
through the efforts of the employees and/or Department Head(s). Awards
shall be in an amount equivalent to 10% of the actual savings, as
described above, provided that no award shall exceed $10,000 or 1/3
of the award recipient's annual base salary. If more than one department
is involved in a particular saving or cost reduction effort or project,
the Township Committee shall determine the allocation of the award(s).
All award determinations shall be within the sole discretion of the
Township Committee and shall be final.
[Ord. #06-1211, S 1]
Awards paid to Township employees shall not be considered in
calculations of base compensation and shall not be included for purposes
of computing a retirement allowance under the applicable public retirement
system.
[Ord. #08-1298, S 1]
The purpose of this section is to foster openness in government
and provide citizens with information concerning various volunteer
municipal positions within the Township of Montgomery. This section
further establishes a process by which a resident may indicate his
or her interest in serving in a volunteer municipal position.
[Ord. #08-1298, S 1]
As used in this section:
Shall mean any appointed position within the municipal government
of the Township of Montgomery that is established by statute, regulation,
ordinance, resolution or other authority, such as, without limitation,
membership on the Planning Board or Board of Health.
Shall mean the official or governmental body that, by virtue
of statute, regulation, ordinance, resolution or other law, has the
authority to appoint an individual to hold a particular appointed
municipal position.
Shall mean the form described in subsection 2-31.5 of this section.
[Ord. #08-1298, S 1]
The Township Clerk shall cause a roster of appointed municipal
positions to be prepared and maintained. Such roster shall be made
available on the Township's website at Clerk's office and shall contain
the following:
a.
Name of municipal board, commission or committee;
b.
Statutory regulatory code, ordinance, resolution or other authority,
if applicable, for establishment of the municipal board, commission
or committee;
c.
Length of term for the appointed municipal position;
d.
Name of person currently holding appointed municipal position(s)
and expiration or his or her term;
e.
To the extent known, the general frequency of meetings conducted
by the appointed board, commission or committee;
f.
Vacancies, if any;
g.
Whether members of the board, commission or committee are required
to submit a financial disclosure statement pursuant to the Local Government
Ethics Law, N.J.S.A. 40A:9-22.1 et seq., and
h.
The information listed above for elected officials of the Governing
Body.
[Ord. #08-1298, S 1]
In addition to maintaining the roster required in subsection 2-31.3 above to identify vacant appointed municipal positions, between November 1 and November 30 of each year, the Township Committee, through the Township Clerk, shall issue a general invitation to Township residents to complete a municipal public service volunteer form if they wish to be considered for appointments to be made in January of the following year. Such invitation must be disseminated through the Township newsletter, website or in such other manner as the Clerk, in his or her discretion, deems advisable.
[Ord. #08-1298, S 1]
Township residents interested in serving in appointed municipal
positions may submit municipal public service volunteer forms containing
the following information to the Township Clerk;
a.
Name;
b.
Address;
c.
Telephone number;
d.
Email address;
e.
Appointed municipal position(s) sought;
f.
Expression of interest or experience.
A municipal public service volunteer form filed in the office
of the Township Clerk shall be deemed a public record; except that
any person filing such a form may have the option of keeping his or
her telephone number and private email address confidential by checking
a box designated for such purpose on the municipal public service
volunteer form.
Municipal public service volunteer forms may be submitted at
any time to the Township Clerk, who shall maintain such forms in accordance
with applicable records retention requirements and policies.
[Ord. #08-1298, S 1]
The appropriate appointing authority shall review municipal
public service volunteer forms when vacancies in an appointed municipal
position for which the appointed authority is responsible occur; however,
nothing herein contained shall limit the appointing authority's ability
to appoint any individual that, in its sole discretion, it deems suitable
for a vacant appointed municipal position, whether or not the individual
has submitted a municipal public service volunteer form.
[Ord. #11-1402]
The Township Committee makes the following findings:
a.
There exist along the Raritan and Millstone Rivers and their tributaries
certain problems of flooding and flood prevention which concern several
municipalities and Somerset County, as well as other governmental
bodies.
b.
The various affected governmental units recognize the need for cooperative
efforts to prevent future floods and to alleviate flooding and flood
hazards.
c.
P.L. 1971, c. 316 (N.J.S.A. 40:14-16 et seq.) authorizes the establishment
of a joint flood control commission and provides that the participating
municipalities and counties may enter into such a commission, and
may define and limit the areas of responsibility and authority of
such a commission, and may set forth the terms under which appropriations
shall be made by the participating municipalities and counties.
[Ord. #11-1402; Ord. #15-1483]
The Township of Montgomery in the County of Somerset, State
of New Jersey agrees to participate in the creation of and operation
of the Raritan and Millstone Rivers Flood Control Commission, established
pursuant to P.L. 1971 c. 316 (N.J.S.A. 40:14-16 et seq.), as follows:
a.
Participating Entities. The municipalities and counties invited to
participate in the Commission are: the Township of Bridgewater, Township
of Franklin, Township of Hillsborough, Borough of Manville, Borough
of Millstone, Township of Montgomery, Borough of Rocky Hill, Borough
of Somerville, Borough of South Bound Brook and County of Somerset.
b.
Establishment. The Raritan and Millstone Rivers Flood Control Commission
shall be established in accordance with P.L. 1971, c. 316 (N.J.S.A.
40:14-16 et seq.)
c.
Duties. The Raritan and Millstone Rivers Flood Control Commission
shall:
1.
Collect, study and analyze data on flooding, past floods and the
causes of floods in the area;
2.
Make such data and studies available to the participating members,
the Division of Water Policy and Supply of the New Jersey Department
of Environmental Protection (or successor body), the Army Corps of
Engineers, local and County Planning Boards and officials concerned
with development of properties within flood and drainage areas;
3.
Keep itself informed as to the availability of State and Federal
funds and grants, and the procedures for applying therefor, and shall
make such information available to participating members;
4.
Coordinate the activities of participating members relating to flooding,
flood prevention, brook cleaning and the like;
5.
Encourage the acquisition of lands within the floodway and low-lying
areas by appropriate County park commissions, counties or participating
municipalities;
6.
Publicize methods of flood control and flood prevention;
7.
Encourage its participating members and others to adopt appropriate
ordinances and regulations relating to flood control;
8.
Encourage its participating members to support other programs designed
or intended to alleviate flooding; and
9.
Perform such other acts and fulfill such other functions as may be
permitted by law and as determined by the members, subject to the
limitation in this ordinance and P.L. 1971, c. 316 (N.J.S.A. 40:14-16
et seq.)
d.
Appropriations.
2.
Whenever a specific project is to be undertaken, involving less than
the interest of all of the participating members, or of special benefits
to less than all of the participating members, the apportionment of
the costs thereof shall be agreed upon by the participating members
specially benefitted thereby in advance of authorization of such project.
3.
The initial funding requirements set forth herein may be changed
by agreement among the participating municipalities and Somerset County,
which additional funding is subject to the consent of the governing
body of each participating municipal member and the Board of Chosen
Freeholders of Somerset County.
e.
Budget. A tentative annual budget for the Commission shall be adopted
by the Commission no later than January 15 of each year and such adoption
shall be by a vote of a Somerset County representative and a representative
from each municipality. A copy of such tentative budget shall be sent
to the governing body of the County and each member municipality within
one week of its adoption. Such notification shall include notice of
the date fixed by the Commission for final adoption of the annual
budget, which shall be at least three weeks after the date of tentative
adoption by the Commission. Expenditures outside of the regular budget
for special projects involving Somerset County or the participating
municipalities, but less than the entire Commission, shall be negotiated
and arranged separately among the involved participating members and
the Commission.
f.
Quorum. Any number of members of the Commission shall have the right
to meet at regularly scheduled meetings. Any action taken involving
the expenditure of funds, other than clerical and mailing connected
with the usual business of the Commission, shall be adopted only at
a meeting at which there are at least one County representative and
at least nine municipal representatives (regardless of the total number
of municipalities represented thereby).
g.
Withdrawal. Each member municipality and county reserve the right,
pursuant to N.J.S.A. 40:14-17d to withdraw from the Commission provided,
however, that at least 90 days' notice of such intention is given
to the Commission, and provided further, that such withdrawal after
adoption of the Commission budget for a given year shall not abrogate
the responsibility of the municipality or county to meet its obligations
under the budget adopted for that year.
[Ord. No. 11-1402]
a.
The Township Committee shall appoint two representatives to the Commission.
Either or both members may also be members of the Township Committee
or hold other elective or appointive office in the Township.
b.
In addition to such representatives, the Township Committee may appoint
two alternate representatives to the Commission, who shall serve for
terms of one year, or until the appointment and qualification of their
successors. Such alternates shall have the right to attend all meetings
of the Commission and take part in all discussions. The alternates
shall be designated as first alternate and second alternate and in
such order may represent the Township and vote in the event of the
absence or disability of the one or both of the regular representatives.
c.
Each regular representative shall serve for a term of five years,
or until his/her successor has been appointed and has qualified, except
that any appointed representative who holds another elected or appointed
public office shall serve as such representative for the term of his
elected or appointed office and only so long as he/she shall hold
such elected or appointed public office, notwithstanding his term
of appointment as such representative. Appointments to vacancies caused
by the death, resignation or other inability to serve of a representative
shall be filled for the balance of the term only. No alternate representative
shall automatically succeed to a regular representative position upon
a vacancy occurring in a regular position.
[Ord. #13-1448]
The Montgomery Veterans Memorial (also simply "Memorial"), constructed
in Montgomery Park in 2011, serves as a public memorial to Township
of Montgomery ("Township") residents who have served the United States
of America in the Armed Forces and Merchant Marine in times of war,
and who were Township residents when they entered the Armed Forces
or Merchant Marine. The Township is responsible for the Memorial and
its protection, preservation, upkeep and maintenance. The Township
Committee, therefore, deems it desirable and necessary, that a committee
be formed to provide on-going advice to Township officials and the
Township Committee concerning the Memorial and in particular: the
support, preservation, protection, upkeep and maintenance of the Memorial;
the making of improvements to the Memorial, if any; and the development
of programs, projects and/or activities that support and/or promote
the Memorial and its purpose.
[Ord. #13-1448; Ord. #14-1462; Ord. No. 16-1516]
There is hereby created in the Township a Montgomery Veterans
Memorial Advisory Committee. The Montgomery Veterans Memorial Advisory
Committee shall be comprised of seven members. All of the members
shall be residents of the Township and at least four of the members
shall be individuals who have served on full-time active duty in the
Armed Forces or Merchant Marine. All members shall be appointed by
the Township Committee. The Montgomery Veterans Memorial Advisory
Committee shall annually select a chairperson and vice-chairperson
from among its members. In addition to the Montgomery Veterans Memorial
Advisory Committee's regular membership, the Township Committee may
appoint a member of the Township Committee to serve as liaison to
the Montgomery Veterans Memorial Advisory Committee. If appointed,
this member shall be a non-voting member of the Montgomery Veterans
Memorial Advisory Committee.
[Ord. #13-1448; Ord. #14-1462; Ord. No. 16-1516]
Except for initial terms, the terms of all members shall be
three years. Initially, three of the members shall be appointed for
three year terms, two of the members shall be appointed for two year
terms and two of the members shall be appointed for one year terms.
All appointments shall be effective January 1 of the calendar year
in which made. If a vacancy in any term shall occur other than by
expiration of that term, it shall be filled by appointment as above
provided for the unexpired term.
[Ord. #13-1448]
Township Officials and employees shall be available to provide
assistance to the Montgomery Veterans Memorial Advisory Committee
in the performance of its duties, as enumerated below.
[Ord. #13-1448]
The duties of the Montgomery Veterans Memorial Advisory Committee
are as follows:
a.
Provide advice and assistance to the Township Committee concerning
the regular maintenance, care, protection and upkeep of, and the making
of any improvements to, the Montgomery Veterans Memorial;
b.
Regularly inspect the site of the Montgomery Veterans Memorial and
its improvements for any conditions that may require repair, maintenance
and/or improvement, and advise the appropriate Township officials
of same;
c.
When requested, obtain cost estimates for any of the work described
in paragraphs a and b above, and, where such work is contracted for,
provide assistance in the supervision of the work;
d.
Develop for the Township Committee's consideration public programs,
activities and projects aimed at supporting and/or promoting the Memorial
and its purpose, including but not limited to, fundraising efforts;
e.
Make information available to the public concerning eligibility criteria
and the applicable procedures for nominating veterans for recognition
at said Memorial; and
f.
Perform such other duties as may, from time to time, be assigned
by the Township Committee.
[Ord. #14-1459 S 1]
a.
Pursuant to N.J.S.A. 26:2BB-9, the Township of Montgomery, in conjunction
with the Borough of Rocky Hill, hereby establishes a joint Municipal
Alliance Committee on Alcoholism and Substance Abuse. This joint Committee
is formed to replace the Municipal Alliance Committee created pursuant
to Resolution 91-3-73, adopted March 21, 1991, and shall assume all
of the functions, programs, records and responsibilities of said Committee.
b.
The joint Municipal Alliance Committee is formed for the purposes
of:
1.
Assessing and implementing evidentiary based policies and programs
to reduce alcohol and substance abuse;
2.
Organizing and coordinating programs to reduce alcoholism and substance
abuse;
3.
Initiating and supporting awareness and comprehensive educational
programs to deter alcoholism and substance abuse;
4.
Developing and implementing procedures for the intervention and treatment
referral of youths and adults abusing alcohol, tobacco and drugs;
5.
Providing an open forum for communication, education and information
regarding solutions to the problems of alcoholism and substance abuse;
6.
Planning, advising and recommending policy and programs on alcoholism
and substance abuse; and
7.
Encouraging and initiating the creation and development of opportunities
for those recovering from alcoholism, tobacco and drug addiction.
[Ord. #14-1459 S 1]
The functions and responsibilities of the joint Municipal Alliance
Committee shall be those outlined in N.J.A.C. 17:40-2.5, as the same
may be amended from time to time.
[Ord. #14-1459 S 1]
a.
All members of the joint Municipal Alliance Committee shall be appointed
by the Township Committee of the Township of Montgomery or by the
Mayor and Council of the Borough of Rocky Hill. There is no limit
on the number of members that may be appointed to this joint Committee.
However, the Mayor and Council of Rocky Hill shall not appoint more
than 33% of the total number of members.
b.
The joint Municipal Alliance Committee shall include broad representation
from the local community. Membership may include, but is not limited
to:
1.
Members of the Governing Body;
2.
The Chief of Police, or his/her designee;
3.
The President of the School Board, or his/her designee;
4.
The Superintendent of Schools, or his/her designee;
5.
A student assistance coordinator;
6.
A representative of the Parent-Teacher Association;
7.
A representative of the local bargaining unit for teachers;
8.
A representative of the Chamber of Commerce;
9.
A representative from the local court system;
10.
A representative from a local civil association;
11.
Representatives of local religious groups;
12.
Individuals who may have been impacted by alcoholism and/or substance
abuse, including individuals who have been directly affected by their
own or a family member's abuse or addictions;
13.
Representatives of labor unions;
14.
Representatives of the media;
15.
Private citizens, including students, with interests or experience
in issues concerning alcoholism and/or substance abuse;
16.
Representatives of public and private organizations involved in the
treatment of alcohol and substance abuse related problems.
c.
50% of the members must reside in the Township of Montgomery or the
Borough of Rocky Hill.
d.
Each member shall be appointed for a one year term, unless a longer
term is specifically designated at the time of appointment.
[Ord. #14-1459 S 1]
a.
The Township Committee may remove any member that it appoints to
the joint Municipal Alliance Committee for cause after written notice
has been served upon the member. Cause for removal may be found where
a member has missed three consecutive meetings without prior permission
from the Co-Chairpersons. The Co-Chairpersons shall report to the
Township Committee every six months as to such absenteeism.
b.
In the event of a vacancy occurring in the joint Municipal Alliance
Committee other than by expiration of term, such vacancy shall be
filled for the unexpired term only in the same manner as the original
appointment. The Co-Chairpersons shall be responsible for notifying
the Township Committee of the Township of Montgomery, in writing,
of any such vacancy.
[Ord. #14-1459 S 1]
a.
Officers of the joint Municipal Alliance Committee shall be appointed
by the Township Committee of the Township of Montgomery.
b.
The Township Committee may delegate, by resolution, the appointment
of any or all officers to the joint Municipal Alliance Committee.
In the event that the Township Committee makes such a delegation,
the joint Municipal Alliance Committee shall elect from among its
members two Co-Chairpersons.
c.
The Co-Chairpersons shall be the presiding officers of the joint
Municipal Alliance Committee and shall be responsible for running
any and all meetings of this joint Committee. If one of the Co-Chairpersons
is absent from a meeting, the other Co-Chairperson shall be responsible
for running the meeting.
d.
The joint Municipal Alliance Committee shall also have a Recording
Secretary, who may or may not be a member of the joint Committee or
a municipal employee.
[Ord. #14-1459 S 1]
a.
The joint Municipal Alliance Committee shall meet on a regular basis,
with a calendar of meetings established at the Committee's organization
meeting.
b.
The Recording Secretary shall keep minutes and records of all meetings
and proceedings. All meetings shall be noticed and conducted in accordance
with the New Jersey Open Public Meetings Act. Copies of all minutes
shall be maintained in the office of the joint Committee and shall
be promptly delivered to the Township Clerk.
c.
Pursuant to N.J.A.C. 17:40-2.4(f), a quorum is required in order
for the joint Municipal Alliance Committee to take action. A quorum
shall be 50% of the Committee membership plus one.
d.
Non-members may attend and contribute to Municipal Alliance Committee
meetings at the discretion of the joint Committee. Such non-members
shall not have any voting privileges.
e.
The joint Municipal Alliance Committee shall have the power to establish
bylaws and rules for the conduct of its meetings.
[Ord. #14-1459 S 1]
a.
The joint Municipal Alliance Committee shall have the power to establish
standing and ad hoc subcommittees as needed.
b.
The joint Municipal Alliance Committee shall establish a fundraising
subcommittee that shall meet as often as needed, but at least quarterly,
during a particular fundraising project.
c.
On a periodic basis, but at least quarterly, the joint Municipal
Alliance Committee shall submit a detailed accounting of all anticipated
expenditures to the Township Committee of the Township of Montgomery
for review and approval. Goods and services cannot be procured by
the joint Committee without approval from the Township Committee.
[Ord. #14-1459 S 1]
It is acknowledged that cooperative relationships are necessary to effectively develop the municipal alliance network, to maximize coordination and avoid duplication of efforts, and to assure effectiveness of resources, including volunteers and funds. The joint Municipal Alliance shall therefore share membership with the Youth Services Commission, as set forth in Section 2-35 of this chapter, as these two groups share similar and sometimes overlapping purposes and goals. In addition, the joint Municipal Alliance Committee is directed to determine how best to work with and/or join governmental groups, such as drug and alcohol task forces, youth task forces, other municipal alliance committees, County alliance committees and other groups with compatible purposes and functions.
[Ord. #14-1459 S 1]
a.
A complete list of members of the joint Municipal Alliance Committee,
along with their addresses, shall be provided annually to the Governor's
Council on Alcoholism and Drug Abuse.
b.
The joint Municipal Alliance Committee shall report on an annual
basis to the Township Committee of the Township of Montgomery on its
works and the extent to which it is carrying out the purposes set
forth in this chapter.
[Ord. #14-1459 S 2]
a.
The Township of Montgomery, in conjunction with the Borough of Rocky
Hill, hereby establishes a joint Youth Services Commission. This joint
Commission is formed to replace the joint Youth Guidance Council created
pursuant to Resolution 91-3-73, adopted March 21, 1991, and shall
assume all of the functions, programs, records and responsibilities
of said Council.
b.
The joint Youth Services Commission is formed for the purposes of:
1.
Providing an open forum for communication, education and information
regarding solutions to problems facing the community's youth;
2.
Assessing the needs of the community's youth;
3.
Planning, advising and recommending policy and programs for the community's
youth;
4.
Encouraging the creation and development of opportunities for youth
in the areas of recreation, education and employment;
5.
Organizing and coordinating programs for the community's youth;
6.
Initiating and supporting awareness of and comprehensive educational
programs for youth; and
7.
Developing and implementing procedures for the intervention, treatment
referral and discipline of students and youth abusing alcohol and
drugs.
[Ord. #14-1459 S 2]
The membership of the joint Youth Services Commission shall
consist of the same membership and shall be for the same terms of
office as the joint Municipal Alliance Committee. The joint Youth
Services Commission shall hold meetings at the same time and place
as the joint Municipal Alliance Committee.
[Ord. #14-1459 S 2]
Officers of the joint Youth Services Commission shall be appointed
by the Township Committee of the Township of Montgomery. The Township
Committee may delegate, by resolution, the appointment of any and
all officers of the joint Youth Services Commission. In any event,
the offices of Co-Chairpersons and Recording Secretary shall be held
by the same persons holding the corresponding offices on the joint
Municipal Alliance Committee.
[Ord. #14-1459 S 2]
a.
This joint Youth Services Commission shall have a budget as authorized
by the Township Committee of the Township of Montgomery.
b.
The joint Youth Services Commission is authorized to submit applications
for grant funding, subject to the approval of the Township Committee
of the Township of Montgomery.
c.
On a periodic basis, but at least quarterly, the joint Youth Services
Commission shall submit a detailed accounting of all anticipated expenditures
to the Township Committee of the Township of Montgomery for review
and approval. Goods and services cannot be procured by the joint Commission
without approval from the Township Committee.
[Ord. #14-1459 S 2]
a.
The joint Youth Services Commission shall have the power to establish
bylaws and rules for the conduct of its meetings.
b.
The joint Youth Services Commission shall have the power to establish
standing and ad hoc subcommittees as needed, including, but not limited
to, an adjustment subcommittee consisting of persons qualified by
experience and training to assist in and coordinate the efforts of
police, school and other agencies to provide guidance and counsel
to youth with incipient behavior and to cooperate with the Superior
Court, Chancery Division, Family Part having jurisdiction when cases
arise in which official adjudication of delinquency seems indicated.
[Ord. #14-1459 S 2]
The joint Youth Services Commission shall report on an annual
basis to the Township Committee of the Township of Montgomery on its
works and the extent to which it is carrying out the purposes set
forth in this section.
[Ord. #14-1482]
All employees who receive compensation from the Township of
Montgomery are required to have direct deposit of their net pay as
of January 1st, 2015 in accordance with P.L. 2013, c. 28.
[Ord. #14-1482]
Township employees may request, in writing, an exemption from the provisions of subsection 2-36.1 above. Such requests shall be directed to the Township Administrator who, following his/her review of a request, shall present the request to the Township Committee. The Township Committee may grant such an exemption by resolution on such terms and conditions as it deems necessary.
[Adopted 12-17-2020 by Ord. No. 20-1647]
[Amended 3-18-2021 by Ord. No. 21-1654]
There is hereby established in the Township of Montgomery an
Inclusion and Equity Committee comprised of seven members appointed
by the Township Committee, as follows: (a) six members who shall be
residents of the Township; and (b) a member of the Township Committee.
a.
The six resident members of the Committee [Subsection 2-37.1(a) above]
shall serve for a term of three years each, with the exception of
the initial appointments to the Committee, which shall be comprised
of two members who shall be appointed for a full term of three years,
two members who shall be appointed for an initial term of two years
each, and two members who shall be appointed for an initial term of
one year.
[Amended 3-18-2021 by Ord. No. 21-1654]
b.
The Township Committee member shall be appointed annually.
[Amended 3-18-2021 by Ord. No. 21-1654]
c.
Vacancies shall be filled by appointment for the unexpired term only.
The Inclusion and Equity Committee is hereby established for
the purpose of promoting community endeavors to eliminate bias, intolerance,
and discrimination in the Township of Montgomery and to promote equal
opportunity in social, employment, and recreational realms. The Committee
shall develop and recommend plans, initiatives and programs that encourage
constructive dialogue within the Township about diversity, as well
as initiate community-building strategies that enhance and sustain
respect among different groups and people within the Township.
The Inclusion and Equity Committee shall annually select its
Chairperson and Vice Chairperson from among its members and shall
organize its activities with the cooperation of the Township Committee.
It may select such other officers from among its members as it may
deem advisable.
The Inclusion and Equity Committee may adopt its own bylaws,
which shall not be inconsistent with this section and/or the laws
of the State of New Jersey. A quorum shall consist of at least six
members present at a meeting of the Committee.
[Added 11-4-2021 by Ord.
No. 21-1670]
This section shall be known as "The Antinepotism Policy of the
Township of Montgomery."
[Added 11-4-2021 by Ord.
No. 21-1670]
a.
The prohibitions set forth in these antinepotism regulations shall
apply to all full-time, part-time, temporary and seasonal positions
of the Township of Montgomery.
b.
This section shall not apply to appointments to the various boards,
commissions, and committees of the Township, or to persons seeking
unpaid, appointed or volunteer positions.
c.
Subject to the exception in Subsection 2-38.4d below, this section and the prohibition against certain hiring contained herein shall be applied prospectively only from the effective date of its enactment and shall not in any way be construed to prohibit or make unlawful any current employment relationship or situation and/or any existing contractual obligations with employees currently employed by the Township as of the effective date of this section which may technically be in violation of the terms hereof but for its prospective application. For purposes of interpreting this exception, persons appointed to positions of employment with the Township for a set term shall be considered current employees notwithstanding the fact that the then term may have ended. Such persons holding positions of employment with the Township under a set term may be hired to any position in the Township, rehired, reappointed or promoted, as may be the case, without violating this section.
[Added 11-4-2021 by Ord.
No. 21-1670]
As used in this section:
Persons holding the position of either Mayor, Deputy Mayor
or Township Committee Member of the Township of Montgomery.
Spouse, parent, stepparent, child, stepchild, sibling, stepsibling,
half sibling, father-in-law, mother-in-law, sister-in-law, brother-in-law,
grandparent, grandchild, aunt, uncle, niece, nephew, first cousins,
domestic partner or cohabitants as defined by New Jersey law.
Any employee of the Township of Montgomery having supervisory
duties and powers over another employee or employees within the respective
Department of the Township.
Any employment which is not full-time, regular part-time,
or seasonal employment.
[Added 11-4-2021 by Ord.
No. 21-1670]
a.
The hiring, promoting, transferring, demoting or reassigning of relatives
is prohibited if the employment of such an individual would result
in the creation of a prohibited employment relationship. A prohibited
relationship is created when:
1.
One relative would have the authority to supervise either directly
or from one level above, appoint, remove, discipline, evaluate or
otherwise affect the work or employment of another relative.
2.
The relative would be responsible for auditing the work of the other.
3.
Other circumstances exist which would place the relatives in a situation
of actual or reasonably foreseeable conflict between the Township's
interest and their own.
b.
The Township retains the discretion to designate the situation in
which two relatives work in the same department within the Township
as a prohibited relationship.
c.
Employees who marry or become related by marriage may continue in
their employment if the marriage does not result in the creation of
a prohibited relationship. Where the marriage results in the creation
of a prohibited relationship, the Township will explore potential
accommodations, including the reassignment of one or both employees
to available positions for which the employees are qualified.
d.
Exceptions.
1.
Seasonal employment. Applications for seasonal employment may be
considered from applicants who are under 23 years of age and a relative
of an existing employee, provided that relative is not employed in
a supervisory position with the same department or office.
2.
Temporary employment. A relative of an existing employee may be hired
for a period of temporary employment not to exceed 10 consecutive
work days.
e.
Promotion of existing employees. Notwithstanding the prospective
application as to the remainder of this section as applied above,
no elected official or supervisor in a department may participate
in the promotion process or hiring process in that department of any
existing employee who is a relative of the elected official or supervisor,
as the case may be. The elected official or supervisor shall abstain
from participation in such personnel action as it applies to such
relative.
[Added 11-4-2021 by Ord.
No. 21-1670]
This policy is not for the purpose of depriving any citizen
of an equal chance for employment with the Township but is solely
intended to eliminate the potential for preferential treatment of
the relatives of governmental personnel.
[Added 12-7-2023 by Ord. No. 23-1710]
The Township Committee seeks to encourage the regular attendance
and participation of appointed members of boards, committees, and
commissions of the Township of Montgomery, in order to ensure their
proper function and vitality. To accomplish this goal, the Township
Committee exercises its authority under N.J.S.A. 40A:9-12.1(g) to
establish an attendance policy with a lower absentee threshold than
that contained in state law.
[Added 12-7-2023 by Ord. No. 23-1710]
As used in this section, the following terms shall have the
meanings indicated:
Shall be defined as any person duly appointed to membership
on a board for a term that has not expired.
Shall be defined as any board, committee, commission, authority,
or other agency of the Township of Montgomery, established by ordinance
or resolution of the Township Committee, whether its membership is
appointed by the Mayor or the Township Committee.
[Added 12-7-2023 by Ord. No. 23-1710]
a.
In the event that any appointee is absent from meetings of a board
for a period of six consecutive weeks, three consecutive meetings,
or five meetings in one year, whichever shall be of longer duration,
without being excused by the presiding officer of the board, the appointee's
membership on the board shall be terminated and the seat automatically
deemed vacant by operation of this section.
b.
Any appointee that seeks to be excused from one or more absences
from a board shall submit a written request to the board's presiding
officer, prior to the meeting upon which automatic removal would occur
due to the absence. The presiding officer of the board shall consider
the request for excusal in its discretion, and may refuse to excuse
absences unless due to legitimate illness.
c.
Following any meeting resulting in operation of paragraph a, the
presiding officer of the board and any Township employee that attends
meetings of the board shall promptly notify the Township Clerk. Upon
such notification, the Township Clerk shall inform the appointee in
writing that their membership has been terminated and the seat automatically
deemed vacant, with a copy transmitted to the presiding officer of
the board, the Township Administrator, and all members of the Township
Committee.
